Doten v. Doten
Supreme Court of New Hampshire
Btll in Equity, to recover interest on a legacy. The bill alleges that the plaintiff, Mabel P. Doten, is the daughter of Ambrose Doten and the granddaughter of James Doten, and was born in 1870 ; that her father died June 7,1873 ; that James executed his will December 8, 1874, making the defendant executor, and bequeathing to the plaintiff “ the sum of $500, to be paid to her on her arriving at the age of eighteen years; ” that in 1877 James died, the will was proved and…
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Btll in Equity, to recover interest on a legacy. The bill alleges that the plaintiff, Mabel P. Doten, is the daughter of Ambrose Doten and the granddaughter of James Doten, and was born in 1870 ; that her father died June 7,1873 ; that James executed his will December 8, 1874, making the defendant executor, and bequeathing to the plaintiff “ the sum of $500, to be paid to her on her arriving at the age of eighteen years; ” that in 1877 James died, the will was proved and allowed, and that property of the testator, “ much more than sufficient to satisfy all his just debts, funeral and…
1Opinion of the CourtCarpenter, J.
Interest is recoverable as damages for the detention of a debt after it is payable, but not as an incident of the debt, unless it is provided for by the contract. McIlvaine v. Wilkins, 12 N. H. 474, 479-484. A contract silent on the subject of interest for the payment of a sum of money at a specified time, and a contract for the payment of the same sum at the same time “ without interest,” are in legal effect identical. The words “ without interest ” are inoperative. They express what in their absence the law implies.
The question whether a legacy carries interest, like other questions arising…
2Cases cited6 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Lupton v. LuptonNew York Court of Chancery · 1817
- Brown v. . KnappNew York Court of Appeals · 1879
- Clarke v. Boorman's ExecutorsSupreme Court of the United States · 1874
- Dawes v. SwanMassachusetts Supreme Judicial Court · 1808
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Fuller v. GaleSupreme Court of New Hampshire · 1918
- Stratton v. StrattonSupreme Court of New Hampshire · 1896
- White v. ChaplinSupreme Court of New Hampshire · 1929