Miller v. Cavanaugh
Court of Appeals of Kentucky
Case 62 — PETITION EQUITY APPEAL FROM FAYETTE CIRCUIT COURT. 1. Where a ^petition states that the plaintiff executed and delivered a note to himself, the pleading is faulty and a demurrer to same should he sustained. When a note is blank as to when it shall hear interest, then interest can not he counted until maturity of the note. 2. The lower court erred in, placing the motion on the Motion Docket, and the action on the Trial Docket, both to be tried'on the same day.
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Case 62 — PETITION EQUITY APPEAL FROM FAYETTE CIRCUIT COURT. 1. Where a ^petition states that the plaintiff executed and delivered a note to himself, the pleading is faulty and a demurrer to same should he sustained. When a note is blank as to when it shall hear interest, then interest can not he counted until maturity of the note. 2. The lower court erred in, placing the motion on the Motion Docket, and the action on the Trial Docket, both to be tried'on the same day. The motion was contrary to th© provisions of Kentucky Statutes, sec. 13. Ko action has a right to be on more than on© docket…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
This action is on a note executed by Miller to Cavanaugh for $500, payable two years after date, “with interest at the rate of 6 per cent, per annum from-- until paid.”
The judgment gave interest from the date of the note. It is insisted that it was error for the court to give interest from the date of the note upon the principle that when an obligation is silent as to when interest is to run the law implies that it bears interest only from the time it falls due.
*379We concede that to be the correct rule when a case arises for its application. This,…
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- Krinsky v. Stevens Coal Sales Co.Massachusetts Supreme Judicial Court · 1941
- Stevens v. PalmourCourt of Appeals of Texas · 1925
- Chicago Mill & Lumber Co. v. TownsendAppellate Court of Illinois · 1916
- Carr v. Doan Savings & Loan Co.Ohio Supreme Court · 1925
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