Rutledge v. Cramton
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Bill by T. J. Rutledge and others, against F. J. Cramton and others, for partition. From a decree denying interest on a note deposited with a custodian pending litigation beyond the time of payment, complainants appeal.
Read the full summary
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Bill by T. J. Rutledge and others, against F. J. Cramton and others, for partition. From a decree denying interest on a note deposited with a custodian pending litigation beyond the time of payment, complainants appeal. The appellants were entitled to interest on the note while in the bands of Ball, or rather the money paid on it from the date it was due until the termination of litigation as it appears that Ball the custodian used it in bis own affairs and made profits thereon. — Phillips v. Toles, 73 Ala. 406; Cowan v.…
1DissentMayfield, J.
(dissenting). — The questions for ■decision in this case are: (1) Is a trustee liable for interest upon failure to pay money to beneficiary in accordance with the terms of the trust? (2) Is a trustee liable for interest upon failure and refusal to deliver property to the beneficiary in accordance with the terms of the trust? (3) Is a trustee liable for interest for failure to pay money in accordance with the decree of a court of equity administering the trust? (4) Is a trustee liable to his beneficiary for interest upon failure to pay money, or to deliver a promissory note in accordance with…
2Cases cited6 opinions
- Whitworth v. HartSupreme Court of Alabama · 1853
- Crocker v. Clements' Adm'rSupreme Court of Alabama · 1853
- State v. LottSupreme Court of Alabama · 1881
- Boyd v. GilchristSupreme Court of Alabama · 1849
- Godwin v. McGeheeSupreme Court of Alabama · 1851
1 more not listed; retrieve them via the Exa API.