Legal Opinion · Dissent

Thomas v. State ex rel. Senior & Disabled Services Division

Oregon Supreme Court

Decided August 11, 1994No. CC 5096; CA A75479; SC S40999Published

1DissentFadeley, J.

I have no objection to interest being due on open accounts. But the claims procedure must be used to get it, in my opinion.

The decedent’s estate in this case was opened in 1982. A claim for expenses of last illness of $21,733.10 was submitted. No interest was claimed. The claim was allowed as submitted, with no interest. The asset of the estate available to pay the claim was payments to be received on an installment payment contract. Money from payments received was then paid on the last illness expenses under the allowed claim.

The creditor accepted these installment payments for several…

2Cases cited3 opinions

  1. LITHIA LUMBER COMPANY v. LambOregon Supreme Court · 1968
  2. First Interstate Bank v. HaynesCourt of Appeals of Oregon · 1985
  3. Balthrop v. BerrymanCourt of Appeals of Oregon · 1989

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API