Thompson v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for damages by fire from the defendants’ engine. Plea, the general issue. Before suit, the defendants’ superintendent told the plaintiff he would pay him $400 for the damages. The plaintiff refused to accept that sum, claiming $600. No formal tender was made or pleaded. The court instructed the jury, that if the plaintiff’s damage was not more than $400, and if his refusal to accept that sum prevented its being paid, he was not entitled to interest.
Read the full summary
Case, for damages by fire from the defendants’ engine. Plea, the general issue. Before suit, the defendants’ superintendent told the plaintiff he would pay him $400 for the damages. The plaintiff refused to accept that sum, claiming $600. No formal tender was made or pleaded. The court instructed the jury, that if the plaintiff’s damage was not more than $400, and if his refusal to accept that sum prevented its being paid, he was not entitled to interest. Yerdict for the plaintiff for $375. Motion by the plaintiff for a new trial.
1Opinion of the CourtBingham, J.
It is familiar law in this state that interest may be recovered (1) when it is a legal claim, based upon the agreement of the parties, that the court is bound to allow; (2) when it may be allowed by a jury in the nature of damages, as where money is detained after the agreed time of payment; (3) when it is due upon an open account, after demand, or after the commencement of a suit, which for some purposes is regarded as a demand. McIlvaine v. Wilkins, 12 N. H. 474, 480, 482; Lancers v. Lovering, 30 N. H. 511.
A ground upon which the jury is allowed, in the instances named, to give interest as…
2Cases cited3 opinions
- Parrott v. . Knickerbocker and N.Y. Ice Cos.New York Court of Appeals · 1871
- Walrath v. Redfield.New York Court of Appeals · 1858
- Schwerin v. . McKieNew York Court of Appeals · 1872
3Cited by1 opinion
- Western Union Telegraph Co. v. StateSupreme Court of New Hampshire · 1886