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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 291   View pdf image (33K)
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HAMMOND v. HAMMOND.—2 BLAND. 291

According to the terms of the devise, in this case, it was held that the con-
tribution of the devisees should be in proportion to the actual value of
the property given to each.

the payment of the former inequitable. Nat. Bank v. Mech. Bank, 94 U. S.
440. A depositor in a national bank, when it suspends payment and a re-
ceiver is appointed, is entitled, from the date of his demand, to interest upon
his deposit. The interest, being a liquidated sum at the time of the payment
of the deposit, an action lies to recover it, and interest thereon. Ibid. If a
debt ought to be paid at a particular time and is not, owing to the default of
-the debtor, the creditor is entitled to interest from that time, by way of com-
pensation for the delay in payment. And if the account be stated, interest
begins to run at once. Young v. Godbe, 15 Wallace, 565. Where a statute
directs that interest shall be allowed "in money withheld by an unreasona-
ble and vexatious delay of payment," a party guilty of such delay cannot
be relieved by offering to pay interest from the time when the delay began
to be unreasonable and vexatious. Chicago v. Tebbetts, 104 U. S. 120. Where
a party in possession of property refuses to deliver it to the owner when
thereunto requested, the latter is entitled to recover the value thereof with
interest from the date of such refusal. Doics v. Bank, 91 U. S. 018. Inter-
est may be recovered upon money lent, or advanced, or equitably due,
although there may be no special contract to pay it. Darnall v. Magruder.
1 H. & G. 439; Reid v. Glass-Factory, 5 Cowen, 587; Bank v. Harris, 118
Mass. 147. See Caltoii v. Bragg, 15 East. 223, contra. A party who has
wrongfully obtained, or who wrongfully detains, the money of another is
liable for interest. Wood v. Robins, 11 Mass. 504.

On running accounts interest is not allowed unless there is a stipulated
time of credit, which has expired, or unless there is an express or implied
agreement to pay interest. Such agreement may be inferred from the
course of dealing between the parties, or from the usage of the trade.
Esterly v. Cole, 3 N. Y. 503. Cf. Barclay v. Kennedy, 3 Wash. C. C. 350.

Interest is not generally allowed on unliquidated accounts. Palmer v.
Stockwell, 9 Gray, 237. But an account rendered without objection being
made to it, is considered as liquidated. Haight v. McVeagh, 69 111. 624. Cf.
Cooper v. Coates, 21 Wallace, 105.

A subscription for stock in a corporation, to be paid for in instalments, is
not such a contract as falls within the class of those on which interest is re-
coverable as of right. Frank v. Morrison, 55 Md. 409. Interest is not gene-
rally chargeable on advancements. Manning v. Thruston, 59 Md. 218.
Where under a mechanic's lien claim interest was charged in the bill of par-
ticulars, although there was no amount extended, and the evidence showed
that the materials were furnished for cash, interest is properly chargeable
on the balance due from the date of the delivery of the last article furnished
and charged in the account. Smith v. Shaffer, 50 Md. 133. Cf. Trustees v.
Heise, 44 Md. 453.

Where property has been sold under a foreclosure of mortgage, the proper
mode is for the auditor to calculate interest on the mortgage debt down to
the day of sale, and for the order ratifying the account to contain the usual
clause directing the mortgagee to apply the proceeds of sale according to the
account, " with a due proportion of interest as the same has been, or may be
received." Mahoney v. Mackubin, 54 Md. 277. Cf. Mobray v. Leckie, 42 Md.
474. As to the computation of interest on Building Association mortgages,
see Peters Ass'n v. Jaeksch, 51 Md. 198; Border State Co. v. McCarthy, 57
Md. 555; also, 58 Md. 279; 284: 569. Interest on assessments for benefits:
Moale v. Baltimore, 61 Md. 224. Interest on deferred payments in sale of

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 291   View pdf image (33K)
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