Legal Opinion

Bowers v. Hammond

Massachusetts Supreme Judicial Court

Decided May 3, 1885PublishedCited by 17 opinions

Appeal, by the surviving executor of the estate of Benjamin E. Bates, from a decree of the Probate Court, made on January 2, 1883, on the petition of the administrator of the estate of William W. Bowers, filed November 8, 1882, ordering the said surviving executor to pay to the petitioner interest at the rate of seven and a half per cent on $12,000, from November 1,1877, to April 5, 1881. The case was heard by O. Allen, J., and reserved for the consideration of the full…

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Appeal, by the surviving executor of the estate of Benjamin E. Bates, from a decree of the Probate Court, made on January 2, 1883, on the petition of the administrator of the estate of William W. Bowers, filed November 8, 1882, ordering the said surviving executor to pay to the petitioner interest at the rate of seven and a half per cent on $12,000, from November 1,1877, to April 5, 1881. The case was heard by O. Allen, J., and reserved for the consideration of the full court, upon the following agreed facts: The estate of said Bates having been represented insolvent, commissioners were…

1Opinion of the CourtMorton, C. J.

It is settled in this Commonwealth, that, where a note specifies the rate of interest, the holder is entitled to interest at the rate specified after the maturity of the note and up to the time of the verdict or judgment; after verdict or judgment, our statutes fix the rate of interest at six per cent. Brannon v. Hursell, 112 Mass. 63. Union Institution for Savings v. Boston, 129 Mass. 82.

*362It follows that, if the estate of Benjamin E. Bates, the maker of the petitioner’s note, had been settled in the usual course, it would have been the duty of the executors to pay to the petitioner the…

2Cases cited6 opinions

  1. Union Institution for Savings v. City of BostonMassachusetts Supreme Judicial Court · 1880
  2. Brannon v. HursellMassachusetts Supreme Judicial Court · 1873
  3. Clark v. ChildMassachusetts Supreme Judicial Court · 1884
  4. Cleveland v. QuiltyMassachusetts Supreme Judicial Court · 1880
  5. Richardson v. HazeltonMassachusetts Supreme Judicial Court · 1869

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Dutton Phosphate Co. v. PriestSupreme Court of Florida · 1914
  2. Boston Edison Co. v. TritschMassachusetts Supreme Judicial Court · 1976
  3. Trustees of the Boston & Maine Corp. v. Massachusetts Bay Transportation AuthorityMassachusetts Supreme Judicial Court · 1975
  4. Little v. United National Investors CorporationSupreme Court of Connecticut · 1971
  5. Glidden v. ChamberlinMassachusetts Supreme Judicial Court · 1897

12 more not listed; retrieve them via the Exa API.

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