from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
INTEREST FOR MONEY, contracts. The compensation which is paid by the
borrower to the lender or b the debtor to the creditor for its use.
2. It is proposed to consider, 1. Who is bound to pay interest. 2. Who
is entitled to receive it. 3. On what claim it is allowed. 4. What interest
is allowed. 5. How it is computed. 6. When it will be barred. 7. Rate of
interest in the different states.
3.-1. Who is bound to pay interest 1. The contractor himself, who has
agreed, either expressly or by implication, to pay interest, is of course
bound to do so.
4.-2. Executors, administrators, assignees of bankrupts or of
insolvents, and trustees, who have kept money an unreasonable length of
time, and have made or who might have made it productive, are chargeable
with interest. 2 Ves. 85; 1 Bro. C. C. 359; Id. 375; 2 Ch. Co. 235; Chan.
Rep. 389; 1 Vern. 197; 2 Vern. 548; 3 Bro. C. C. 73; Id. 433; 4 Ves. 620; 1
Johns. Ch. R. 508; Id. 527, 535, 6; Id. 620; 1 Desaus. Ch. R. 193, n; Id.
208; 1 Wash. 2; 1 Binn. R. 194; 3 Munf. 198, Pl. 3: Id. 289, pl. 16; 1 Serg.
& Rawle, 241, 4 Desaus. Ch. Rep. 463; 5 Munf. 223, pl. 7, 8; 1 Ves. jr. 236;
Id. 452; Id. 89; 1 Atk. 90; see 1 Supp. to Ves. jr. 30; 11 Ves. 61; 15 Ves.
470; 1 Ball & Beat. 230; 1 Supp. to Ves. jr. 127, n. 3; 1 Jac. & Wall. 140;
3 Meriv. 43; 2 Bro. C.C. 156: 5 Ves. 839; 7 Ves. 152; 1 Jac. & Walk. 122; 1
Pick. 530; 13 Mass. R. 232; 3 Call, 538; 4 Hen. & Munf. 415; 2 Esp. N. P. C.
702; 2 Atk. 106; 2 Dall. 182; 4 Serg. & Rawle, 116; 1 Dall. 349; 3 Binn.
121. As to the distinction between executors and trustees, see Mr. Coxe's
note to Fellows v. Mitchell, 1 P. Wms. 241; 1 Eden, 857, and the cases there
collected.
5.-3. Tenant for life must pay interest on encumbrances on the
estate. 4 Ves. 33; 1 Vern. 404, n. by Raithby. In Pennsylvania the heir at
law is not bound to pay interest on a mortgage given by his ancestor.
6.-4. In Massachusetts a bank is liable, independently of the statute
of 1809, c. 87, to pay interest on their bills, if not paid when presented
for payment. 8 Mass. 445.
7.-5. Revenue officers must pay interest to the United States from
the time of receiving the money. 6 Binney's Rep. 266.
8.-1 Who are entitled to receive interest. 1. The lender upon an
express or implied contract.
9.-2. An executor was not allowed interest in a case where money due
to his testatrix was out at interest, and before money came to his hands, he
advanced his own in payment of debts of the testatrix. Vin. Ab. tit.
Interest, C. pl. 13.
10. In Massachusetts a trustee of property placed in his hands for
security, who was obliged to advance money to protect it, was allowed
interest at the compound rate. 16 Mass. 228.
11.-3. On what claims allowed. First. On express contracts. Secondly.
On implied contracts. And, thirdly. On legacies.
12. First. On express contracts. 1. When the debtor expressly undertakes
to pay interest, he or his personal representatives having assets are bound
to pay it. But if a party has accepted the principal, it has been determined
that he cannot recover interest in a separate action. 1 Esp. N. P. C. 110; 3
Johns. 220. See 1 Camp. 50; 1 Dall. 315; Stark. Ev. pt. iv. 787; 1 Hare &
Wall. Sel. Dec. 345.
13. Secondly. On implied contracts. 1. On money lent, or laid out for
another's use. Bunb. 119; 2 Bl. Rep. 761; S. C. 3 Wils. 205; 2 Burr. 1077; 5
Bro. Parl. Ca 71; 1 Ves. jr. 63; 1 Dall. 349; 1 Binn. 488; 2 Call, 102; 2
Hen. & Munf. 381; 1 Hayw. 4; 3 Caines' Rep. 226, 234, 238, 245; see 3 Johns.
Cas. 303; 9 Johns. 71; 3 Caines' Rep. 266; 1 Conn. Rep. 32; 7 Mass. 14; 1
Dall. 849; 6 Binn. R. 163; Stark. Ev. pt. iv. 789, n. (y), and (z); 11 Mass.
504; 1 Hare & Wall. Sel. Dec. 346.
14.-2. For goods sold and delivered, after the customary or stipulated
term of credit has expired. Doug. 376; 2 B. & P. 337; 4 Dall. 289; 2 Dall.
193; 6 Binn. 162; 1 Dall. 265, 349.
15.-3. On bills and notes. If payable at a future day certain, after
due; if payable on demand, after. a demand made. Bunb. 119; 6 Mod. 138; 1
Str. 649; 2 Ld. Raym. 733; 2 Burr. 1081; 5 Ves. jr. 133; 15 Serg. & R. 264.
Where the terms of a promissory note are, that it shall be payable by
instalments, and on the failure of any instalment, the whole is to become
due, interest on the whole becomes payable from the first default. 4 Esp.
147. Where, by the terms of a bond, or a promissory note, interest is to be
paid annually, and the principal at a distant day, the interest may be
recovered before the principal is due. 1 Binn. 165; 2 Mass. 568; 3 Mass.
221.
16.-4. On an account stated, or other liquidated sum, whenever the
debtor knows precisely what he is to pay, and when he is to pay it. 2 Black.
Rep. 761; S. C. Wils. 205; 2 Ves. 365; 8 Bro. Parl. C. 561; 2 Burr. 1085; 5
Esp. N. P. C. 114; 2 Com. Contr. 207; Treat. Eq. lib. 5, c. 1, s. 4; 2 Fonb.
438; 1 Hayw. 173; 2 Cox, 219; 1 V. & B. 345; 1 Supp. to Ves. jr. 194; Stark.
Ev. pt. iv. 789, n. (a). But interest is not due for unliquidated damages,
or on a running account where the items are all on one side, unless
otherwise agreed upon. 1 Dall. 265; 4 Cowen, 496; 6 Cowen, 193; 5 Verm. 177;
2 Wend. 501; 1 Spears, 209; Rice, 21; 2 Blackf. 313; 1 Bibb, 443.
17.-5. On the arrears of an annuity secured by a specially. 14 Vin.
Ab. 458, pl. 8; 3 Atk. 579; 9 Watts, R. 530.
18.-6. On a deposit by a purchaser, which he is entitled to recover
back, paid either to a principal, or an auctioneer. Sugd. Vend. 327.; 3
Campb. 258; 5 Taunt. 625. Sed vide 4 Taunt. 334, 341.
19.-7. On purchase money, which has lain dead, where the vendor cannot
make a title. Sugd. Vend. 327.
20.-8. On purchase money remaining in purchaser's hands to pay off
encumbrances. 1 Sch. & Lef 134. See 1 Wash. 125; 5 Munf. 342; 6 Binn. 435.
21.-9. On judgment debts. 14 Vin. Abr. 458, pl. 15; 4 Dall. 251; 2
Ves. 162; 5 Binn. R. 61; Id. 220; 1 Harr. & John. 754; 3 Wend. 496; 4 Metc.
317; 1 Hare & Wall. Sel. Dec. 350. In Massachusetts the principal of a
judgment is recovered by execution; for the interest the plaintiff must
bring an action. 14 Mass. 239.
22.-10. On judgments affirmed in a higher court. 2 Burr. 1097; 2 Str.
931; 4 Burr. 2128; Dougl. 752, n. 3; 2 H. Bl. 267; Id. 284; 2 Camp. 428, n.;
3 Taunt. 503; 4 Taunt. 30.
23.-11. On money obtained by fraud, or where it has been wrongfully
detained. 9 Mass. 504; 1 Camp. 129; 3 Cowen, 426.
24.-12. On money paid by mistake, or recovered on a void execution. 1
Pick. 212; 9 Berg. & Rawle, 409
25.-13. Rent in arrear due by covenant bears interest, unless under
special circumstances, which may be recovered in action; 1 Yeates, 72; 6
Binn. 159; 4 Yeates, 264; but no distress can be made for such interest. 2
Binn. 246. Interest cannot, however, be recovered for arrears of rent
payable. in wheat. 1 Johns. 276. See 2 Call, 249; Id. 253; 3 Hen. & Munf.
463; 4 Hen. & Munf. 470; 5 Munf. 21.
26.-14. Where, from the course of dealing between the parties, a
promise to pay interest is implied. 1 Campb. 50; Id. 52 3 Bro. C. C. 436;
Kirby, 207.
27. Thirdly, Of interest on legacies. 1. On specific legacies. Interest
on specific legacies is to be calculated from the date of the death of
testator. 2 Ves. sen. 563; 6 Ves. 345 5 Binn. 475; 3 Munf. 10.
28.-2. A general legacy, when the time of payment is not named by the
testator, is not payable till the end of one year after testator's death, at
which time the interest commences to run. 1 Ves. jr. 366; 1 Sch. & Lef. 10;
5 Binn. 475; 13 Ves. 333; 1 Ves. 308 3 Ves. & Bea. 183. But where only the
interest is given, no payment will be due till the end of the second year,
when the interest will begin to run. 7 Ves. 89.
29.-3. Where a general legacy is given, and the time of payment is
named by the testator, interest is not allowed before the arrival of the
appointed period of payment, and that notwithstanding the legacies are
vested. Prec. in Chan. 837. But when that period arrives, the legatee will
be entitled, although the legacy be charged upon a dry reversion. 2 Atk.
108. See also Daniel's Rep. in Exch. 84; 3 Atk. 101; 3 Ves. 10; 4 Ves. 1; 4
Bro. C. C. 149, n.; S. C. 1 Cox, l33. Where a legacy is given payable at a
future day with interest, and the legatee dies before it becomes payable,
the arrears of the interest up to the time of his death must be paid to his
personal representatives. McClel. Exch. Rep. 141. And a bequest of a sum to
be paid annually for life bears interest from the death of testator. 5 Binn.
475.
30.-4. Where the legatee is a child of the testator, or one towards
whom he has placed himself in loco parentis, the legacy bears interest from
the testator's death, whether it be particular or residuary; vested, but
payable It a future time, or contingent, if the child have no maintenance.
In that case the court will do what, in common presumption, the father would
have done, provide necessaries for the child. 2 P. Wms. 31; 3 Ves. 287; Id.
13; Bac. Abr. Legacies, K 3; Fonb. Eq. 431, n. j.; 1 Eq. Cas. Ab. 301, pl.
3; 3 Atk. 432; 1 Dick. Rep. 310; 2 Bro. C. C. 59; 2 Rand. Rep. 409. In case
of a child in ventre sa mire, at the time of the father's decease, interest
is allowed only from its birth. 2 Cox, 425. Where maintenance or interest is
given by the will, and the rate specified, the legatee will not, in general,
be entitled to claim more than the maintenance or rate specified. 3 Atk.
697, 716 3 Ves. 286, n. and see further, as to interest in cases of legacies
to children, 15 Ves. 363; 1 Bro. C. C,. 267: 4 Madd. R. 275; 1 Swanst. 553;
1 P. Wms. 783; 1 Vern. 251; 3 Vesey & Beames, 183.
31.-5. Interest is not allowed by way of maintenance to any other
person than the legitimate children of the testator; 3 Ves. 10; 4 Ves. 1;
unless the testator has put himself in loco parentis. 1. Sch. & Lef. 5, 6. A
wife; 15 Ves. 301; a niece; 3 Ves. 10; a grandchild; 15 Ves. 301; 6 Ves.
546; 12 Ves. 3; 1 Cox, 133; are therefore not entitled to interest by way of
maintenance. Nor is a legitimate child entitled to such interest if he have
a maintenance; although it may be less than the amount of the interest of
the legacy. 1 Scho. & Lef. 5: 3 Ves. 17. Sed vide 4 John. Ch. Rep. 103; 2
Rop. Leg. 202.
32.-6. Where an intention though not expressed is fairly inferable
from the will, interest will be allowed. 1 Swanst. 561, note; Coop. 143.
33.-7. Interest is not allowed for maintenance, although given by
immediate bequest for maintenance, if the parent of the legatee, who is
under moral obligation to provide for him, be of sufficient ability, so that
the interest will accumulate for the child's benefit, until the principal
becomes payable. 3 Atk. 399; 3 Bro. C. C. 416; 1 Bro. C. C. 386; 3 Bro. C.
C. 60. But to this rule there are some exceptions. 3 Ves. 730; 4 Bro. C. C.
223; 4 Madd. 275, 289; 4 Ves. 498.
34.-8. Where a fund, particular or residuary, is given upon a
contingency, the intermediate interest undisposed of, that is to say, the
intermediate interest between the testator's death, if there be no previous
legatee for life, or, if there be, between the death of the previous taker
and the happening of the contingency, will sink into the residue for the
benefit of the next of kin or executor of the testator, if not bequeathed by
him; but if not disposed of, for the benefit of his residuary legatee. 1
Bro. C. C. 57; 4 Bro. C. C. 114; Meriv. 384; 2 Atk. 329; Forr. 145; 2 Rop.
Leg. 224.
35.-9. Where a legacy is given by immediate bequest whether such
legacy be particular or residuary, and there is a condition to divest it
upon the death of the legatee under twenty-one, or upon the happening of
some other event, with a limitation over, and the legatee dies before
twenty-one, or before such other event happens, which nevertheless does take
place, yet as the legacy was payable at the end, of a year after the
testator's death, the legatee's representatives, and not the legatee over,
will be entitled to the interest which accrued during the legatee's life,
until the happening of the event which was to divest the legacy. 1 P. Wms.
500; 2 P. Wms. 504; Ambl. 448; 5 Ves. 335; Id. 522.
36.-10. Where a residue is given, so as to be vested but not payable
at the end of the year from the testator's death, but upon the legatee's
attaining twenty-one, or upon any other contingency, and with a bequest over
divesting the legacy, upon the legatee's dying under age, or upon the
happening of the contingency, then the legatee's representatives in the
former case, and the legatee himself in the latter, shall be entitled to the
interest that became due, during the legatee's life, or until the happening
of the contingency; 2 P. Wms. 419; 1 Bro. C. C. 81; Id. 335; 3 Meriv. 335.
37.-11. Where a residue of personal estate is given, generally, to one
for life with remainder over, and no mention is made by the testator
respecting the interest, nor any intention to the contrary to be collected
from the will, the rule appears to be now settled that the person taking for
life is entitled to interest from the death of the testator, on such part of
the residue, bearing interest, as is not necessary for, the payment of
debts. And it is immaterial whether the residue is only given generally, or
directed to be laid out, with all convenient speed, in funds or securities,
or to be laid out in lands. See 6 Ves. 520; 9 Ves. 549, 553; 2 Rop. Leg.
234; 9 Ves. 89.
38.-12. But where a residue is directed to be laid out in land, to be
settled on one for life, with remainder over, and the testator directs the
interest to accumulate in the meantime, until the money is laid out in
lands, or otherwise invested on security, the accumulation shall cease at
the end of one year from the testator's death, and from that period. the
tenant for life shall be to the interest. 6 Ves. 520; 7 Ves. 95; 6 Ves. 528;
Id. 529; 2 Sim. & Stu. 396.
39.-13. Where no time of payment is mentioned by the testator,
annuities are considered as commencing from the death of the testator; and
consequently the first payment will be due at the end of the year from that
event if, therefore, it be not made then, interest, in those cases wherein
it is allowed at all, must be computed from that period. 2 Rop. Leg. 249; 5
Binn. 475. See 6 Mass. 37; 1 Hare & Wall. Sel. Dec. 356.
40.-4. As to the quantum or amount of interest allowed. 1. During what
time. 2. Simple interest. 3. Compound interest. 4. In what cases given
beyond the penalty of a bond. 5. When foreign interest is allowed.
41. First. During what time. 1. In actions for money had and received,
interest is allowed, in Massachusetts, from the time of serving the writ. 1
Mass. 436. On debts payable on demand, interest is payable only from the
demand. Addis. 137. See 12 Mass. 4. The words "with interest for the same,"
bear interest from date. Addis. 323-4; 1 Stark. N. P. C. 452; Id. 507.
42.-2. The mere circumstance of war existing between two nations, is
not a sufficient reason for abating interest on debts due by the subjects of
one belligerent to another. 1 Peters' C. C. R. 524. But a prohibition of all
intercourse with an enemy, during war, furnishes a sound reason for the
abatement of interest until the return of peace. Id. See,, on this subject,
2 Dall. 132; 2 Dall. 102; 4 Dall. 286; 1 Wash. 172; 1 Call 194; 3 Wash. C.
C. R. 396; 8 Serg. & Rawle, 103; Post. Sec. 7.
43. Secondly. Simple interest. 1. Interest upon interest is not allowed
except in special cases 1 Eq. Cas. Ab. 287; Fonb. Eq. b. 1, c. Sec. 4, note
a; U. S. Dig. tit. Accounts, IV.; and the uniform current of decisions is
against it, as being a hard, oppressive exaction, and tending to usury. 1
Johns. Ch. R. 14; Cam. & Norw. Rep. 361. By the civil law, interest could
not be demanded beyond the principal sum, and payments exceeding that
amount, were applied to the extinguishment of the principal. Ridley's View
of the Civil, &c. Law, 84; Authentics, 9th Coll.
44. Thirdly. Compound interest. 1. Where a partner has overdrawn the
partnership funds, and refuses, when called upon to account, to disclose the
profits, recourse would be had to compound interest as a substitute for the
profits he might reasonably be supposed to have made. 2 Johns. Ch. R. 213.
45.-2. When executors, administrators, or trustees, convert the trust
money to their own use, or employ it in business or trade, they are
chargeable with compound interest. 1 Johns. Ch. R. 620.
46.-3. In an action to recover the annual interest due on a promissory
note, interest will be allowed on each year's interest until paid. 2 Mass.
568; 8 Mass. 455. See, as to charging compound interest, the following
cases: 1 Johns. Ch. Rep. 550; Cam. & Norw. 361; 1 Binn. 165; 4 Yeates' 220;
1 Hen. & Munf. 4; 1 Vin. Abr. 457, tit. Interest, C; Com. Dig. Chancery, 3 S
3; 3 Hen. & Munf. 89; 1 Hare & Wall. Sel. Dec. 371. An infant's contract to
pay interest on interest, after it has accrued, will be binding upon him,
when it is for his benefit. 1 Eq. Cas. Ab. 286; 1 Atk. 489; 3 Atk. 613.
Newl. Contr. 2.
47. Fourthly. When given beyond the Penalty of a bond. 1. It is a
general rule that the penalty of a bond limits the amount of the recovery. 2
T. R. 388. But, in some cases, the interest is recoverable beyond the amount
of the penalty. The recovery depends on principles of law, and not on the
arbitrary discretion of a jury. 3 Caines' Rep. 49.
48.-2. The exceptions are, where the bond is to account for moneys to
be received 2 T. R. 388; where the plaintiff is kept out of his money by
writs of error; 2 Burr. 1094; 2 Evans' Poth. 101-2 or delayed by injunction;
1 Vern. 349; 16 Vin. Abr. 303; if the recovery of the debt be delayed by the
obligor; 6 Ves. 92; 1 Vern. 349; Show. P. C. 15; if extraordinary emoluments
are derived from holding the money; 2 Bro. P. C. 251; or the bond is taken
only as a collateral security; 2 Bro. P. C. 333; or the action be on a
judgment recovered on a bond. 1 East, R. 486. See, also, 4 Day's Cas. 30; 3
Caines' R. 49; 1 Taunt. 218; 1 Mass. 308; Com. Dig. Chancery, 3 S 2; Vin.
Abr. Interest, E.
49.-3. But these exceptions do not obtain in the administration of the
debtor's assets, where his other creditors might be injured by allowing the
bond to be rated beyond the penalty. 5 Ves. 329; See Vin. Abr. Interest, C,
pl. 5.
50. Fifthly. When foreign interest is allowed. 1. The rate of interest
allowed by law where the contract is made, may, in general, be recovered;
hence, where a note was given in China, payable eighteen months after date,
without any stipulation respecting interest, the court allowed the Chinese
interest of one per cent. per mouth from the expiration of the eighteen
months. 1 Wash. C. C. R. 253.
51.-2. If a citizen of another state advance money there, for the
benefit of a citizen of the state of Massachusetts, which the latter is
liable to reimburse, the former shall recover interest, at the rate
established by the laws of the place where he lives. 12 Mass. 4. See,
further, 1 Eq. Cas. Ab. 289; 1 P. Wms. 395; 2 Bro. C. C. 3; 14 Vin. Abr.
460, tit. Interest, F.
52.-5. How computed. 1. In casting interest on notes, bonds, &c., upon
which partial payments have been made, every payment is to be first applied
to keep down the interest, but the interest is: never allowed to form a part
of the principal so as to carry interest. 17 Mass. R. 417; 1 Dall. 378.
53.-2. When a partial payment exceeds the amount of interest due when
it is made, it is correct to compute the interest to the time of the first,
payment, add it to the principal, subtract the payment, cast interest on the
remainder to the time of the second payment, add it to the remainder, and
subtract the second payment, and in like manner from one payment to another,
until the time of judgment. 1 Pick. 194; 4 Hen. & Munf. 431; 8 Serg. &
Rawle' 458; 2 Wash. C. C. R. 167. See 3 Wash. C. C. R. 350; Id. 396.
54.-3. Where a partial payment is made before the debt is due, it
cannot be apportioned, part to the debt and part to the interest. As, if
there be a bond for one hundred dollars, payable in one year, and, at the
expiration of six months fifty dollars be paid in. This payment shall not be
apportioned part to the principal and part to the interest, but at the end
of the year, interest shall be charged on the whole sum, and the obligor
shall receive credit for the interest of fifty dollars for six mouths. 1
Dall. 124.
55.-6. When interest will be barred. 1. When the money due is tendered
to the person entitled to it, and he refuses to receive it, the interest
ceases. 3 Campb. 296. Vide 8 East, 168; 3 Binn. 295.
56.-2. Where the plaintiff was absent in foreign parts, beyond seas,
evidence of that fact may be given in evidence to the jury on the plea of
payment, in order to extinguish the interest during such absence. 1 Call,
133. But see 9 Serg. & Rawle, 263.
57.-3. Whenever the law prohibits the payment of the principal,
interest, during the prohibition, is not demandable. 2 Dall. 102; 1 Peters'
C. C. R. 524. See, also, 2 Dall. 132; 4 Dall. 286.
58.-4. If the plaintiff has accepted the principal, he cannot recover
the interest in a separate action. 1 Esp. N. P. C. 110; 3 Johns. 229. See 14
Wend. 116.
59.- 7. Rate of interest allowed by law in the different states.
Alabama. Eight per centum per annum is allowed. Notes not exceeding one
dollar bear interest at the rate of one hundred per centum per annum. Some
of the bank charters prohibit certain banks from charging more than six per
cent. upon bills of exchange, and notes negotiable at the bank, not having
more than six months to run; and, over six and under nine, not more than
seven per cent. and over nine months, to charge not more than eight per
cent. Aiken's Dig. 236.
60. Arkansas. Six per centum per annum is the legal rate of interest;
but the parties may agree in writing for the payment of interest not
exceeding ten per centum per annum, on money due and to become due on any
contract, whether under seal or not. Rev. St. c. 80, s. 1, 2. Contracts
where a greater amount is reserved are declared to be void. Id. s. 7. But
this provision will not affect an innocent endorsee for a valuable
consideration. Id. s. 8.
61. Connecticut. Six per centum is the amount allowed by law.
62. Delaware. The legal amount of interest allowed in this state is at
the rate of six per centum per annum. Laws of Del. 314.
63. Georgia. Eight per centum per annum interest is allowed on all
liquidated demands. 1 Laws of Geo. 270; 4 Id. 488; Prince's Dig. 294, 295.
64. Illinois. Six per centum per annum is the legal interest allowed
when there is no contract, but by agreement the parties may fix a greater
rate. 3 Griff. L. Reg. 423.
65. Indiana. Six per centum per annum is the rate fixed by law, except
in Union county. On the following funds loaned out by the state, namely,
Sinking, Surplus, Revenue, Saline, and College funds, seven per cent.; on
the Common School Fund, eight per cent. Act of January 31, 1842.
66. Kentucky. Six per centum per annum is allowed by law. There is no
provision in favor of any kind of loan. See Sessions Acts, 1818, p. 707.
67. Louisiana. The Civil Code provides, art. 2895, as follows: Interest
is either legal or conventional. Legal interest is fixed at the following,
rates, to wit: at five per cent. on all sums which are the object of a
judicial demand, whence this is called judicial interest; and Rums
discounted by banks, at the rate established by their charters. The amount
of conventional interest cannot exceed ten per cent. The same must be fixed
in writing, and the testimonial proof of it is not admitted. See, also, art.
1930 to 1939.
68. Maine. Six per centum per annum is the legal interest, and any
contract for more is voidable as to the excess, except in case of letting
cattle, and other usages of a like nature, in practice among farmers, or
maritime contracts among merchants, as bottomry, insurance, or course of
exchange, as has been heretofore practiced. Rev. St. 4, c. 69, Sec. 1, 4.
69. Maryland. Six per centum per annum, is the. amount limited by law,
in all cases.
70. Massachusetts. The interest of money shall continue to be at the
rate of dollars, and no more, upon one hundred dollars for a year; and at
the same rate for a greater or less sum, and for a longer or shorter time.
Rev. Stat. c. 35, s. 1.
71. Michigan. Seven per centum is the legal rate of interest; but on
stipulation in writing, interest is allowed to any amount not exceeding ten
per cent. on loans of money, but only on such loans. Rev. St. 160, 161.
72. Mississippi. The legal interest is six per centum; but on all bonds,
notes, or contracts in writing, signed by the debtor for the bona fide loan
of money, expressing therein the rate of interest fairly agreed on between
the parties for the use of money so loaned, eight per cent. interest is
allowed. Laws of 1842.
73. Missouri. When no contract is made as to interest, six per centum
per annum is allowed. But the parties may agree to pay any higher rate, not
exceeding ten per cent. Rev. Code, Sec. 1, p. 383.
74. New Hampshire. No person shall take interest for the loan of money,
wares, or merchandise, or any other personal estate whatsoever, above the
value of six pounds for the use or forbearance of one hundred pounds for a
year, and after that rate for a greater or lesser sum, or for a longer or
shorter time. Act of February 12, 1791, s. 1. Provided, that nothing in this
act shall extend to the letting of cattle, or other usages of a like nature,
in practice among farmers, or to maritime contracts among merchants as
bottomry, insurance, or course of exchange, as hath been heretofore used.
Id. s. 2.
75. New Jersey. Six per centum per annum is the interest allowed by law
for the loan of money, without any exception. Statute of December 5, 1823,
Harr. Comp. 45.
76. New York. The rate is fixed at seven per centum per annum. Rev.
Stat. part 2, c. 4, t. 3, s. 1. Moneyed institutions, subject to the safety-
fund act, are entitled to receive the legal interest established, or which
may thereafter be established by the laws of this state, on all loans made
by them, or notes, or bills, by them severally discounted or received in the
ordinary course of business; but on all notes or bills by them discounted or
received in the ordinary course of business, which shall be matured in
sixty-three days from the time of such discount, the said moneyed
corporations shall not take or receive more than at the rate of six per
centum per annum in advance. 2 Rev. Stat. p. 612.
77. North Carolina. Six per centum per annum is the interest allowed by
law. The banks are allowed to take the interest off at the time of making a
discount.
78. Ohio. The legal rate of interest on all contracts, judgments or
decrees in chancery, is six per centum. per annum, and no more. 29 Ohio
Stat. 451; Swan's Coll. Laws, 465. A contract to pay a higher rate is good
for principal and interest, and void for the excess. Banks are bound to pay
twelve per cent. interest on all their notes during a suspension of specie
payment. 37 Acts 30, Act of February 25, 183,9, Swan's Coll. 129.
79. Pennsylvania. Interest is allowed at the rate of six per centum per
annum for the loan or use of money or other commodities. Act of March 2,
1723. And lawful interest is allowed on judgments. Act of 1700, 1 Smith's L.
of Penn. 12. See 6 Watts, 53; 12 S. & R. 47; 13 S. & R. 221; 4 Whart. 221; 6
Binn. 435; 1 Dall. 378; 1 Dall. 407; 2 Dall. 92; 1 S. & R. 176; 1 Binn. 488;
2 Pet. 538; 8 Wheat. 355.
80. Rhode Island. Six per centum is allowed for interest on loans of
money. 3 Griff. Law Reg. 116.
81. South Carolina. Seven per centum per annum, or at that rate, is
allowed for interest. 4 Cooper's Stat. of S. C. 364. When more is reserved,
the amount lent and interest may be recovered. 6 Id. 409.
82. Tennessee. The interest allowed by law is six per centum per annum.
When more is charged it is not recoverable, but the principal and legal
interest may be recovered. Act of 1835, c. 50, Car. & Nich. Comp. 406, 407.
83. Vermont. Six per centum per annum is the legal interest. If more be
charged and paid, it may be recovered back in an action of assumpsit. But
these provisions do not extend "to the letting of cattle and other, usages
of a like nature among farmers, or maritime contracts, bottomry or course of
exchange, as has been customary." Rev. St. c. 72, ss. 3, 4, 5.
84. Virginia. Interest is allowed at the rate of six per centum per
annum. Act of Nov. 22 1796, 1 Rev. Code. ch. 209. Vide 1 Hare & Wall. Sel.
Dec. 344, 373.