Legal Opinion

Adams Express Co. v. Milton

Court of Appeals of Kentucky

Decided March 19, 1874PublishedCited by 8 opinions

Case 12 — PETITION ORDINARY appeal Prom eayette circuit court.

1Opinion of the Court

JUDGE LINDSAY

delivered the opinion op the court. ‘

The amount in controversy in this action does not exceed five hundred dollars. 'The claim asserted is an unliquidated account for a balance claimed to be due for work and labor done and performed. .At the common law it would not prima fade bear interest. (Chitty on Contracts, 11th Am. Ed., vol. 2, p. 952; Murray v. Ware’s adm’r, 1 Bibb, 325.)

On such demands interest is sometimes allowed by way of damages in cases in which the debtor is justly chargeable with delinquency, but never when the delay is the result of the mere failure of the…

2Cases cited1 opinion

  1. Murray v. Ware's administratorCourt of Appeals of Kentucky · 1809

3Cited by8 opinions

  1. Redfield v. Ystalyfera Iron Co.Supreme Court of the United States · 1884
  2. Richmond & I. Const. Co. v. Richmond, N., I. & B. R.Court of Appeals for the Sixth Circuit · 1895
  3. Tapp v. Tapp's TrusteeCourt of Appeals of Kentucky (pre-1976) · 1945
  4. Jourolmon v. EwingCourt of Appeals for the Sixth Circuit · 1897
  5. Culmer v. Hooper-CaineUtah Supreme Court · 1900

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