I R.S
Defined in 1 dictionary — Anderson (1889)
A Dictionary of Law
William C. Anderson · 1889
§ 5084; Be Jaclison, 7 Biss. 287 (1876). ' [2 Bl. Com. 454. ' Brown v. Hiatts, 15 Wall. 185 (1872), Field, J.; Insurance Co. V. Piaggio, 16 id. 386 (1872), cases; Aurora City V. West, 7 id. 105 (1868), cases; Eedfleld v. Ystalyfera Iron Co., 110 U. S. 176 (1884); 12 F. R. 864; 2 Mc Crary, 394; 8 Saw. 189. ' Turner v. Turner, 80 Va. 381 (1885). o Loudon V. Taxing District, 104 17. B. 774 (1881). See also 2 Cal. 568; 28 Conn. 20; 42 id. 628; 3 Dak. 460; 66 6a. 501; 3 N. Y. 355; 87 id. 437; 13 Barb. 76; 30 Pa. 341; 34 id. 211. •Rensselaer Glass Factory v. Reld, 5 Cow. 609-18 (1825), cases; Heidenheuner v. Ellis, 67 Tex. 438 (1887), cases. 'Campu Bates, 11 Conn. 501 (1836); Koshkonong v. Burton, 104 U. S. 677 (1881), cases; 105 HI. 558; 34 Pa. 212. a prescribed rate per annum, such interest does not become due or payable before the principal, unless there is a special provision to that effect.i The rate, or sum, depends upon the usual or general inconvenience of parting with the loan, and the hazard of losing it entirely. Where the hazard is peculiarly great, as in contracts of bottomry and respondentia, policies of insurance, and annuities upon lives, the rates are high. Charging an exorbitant rate, in an ordinary case, is usury,' q. v. As compensation for the use or detention of money, has its origin in the usages of trade, by contract, or by statute. Hence, the rules in regard tu it are as diversified as the trade, habits of the people, and their peculiar laws may be.^ Spoken of as lawful or legal, and unlawful or illegal, excessive or usurious, as marine or maritime, etc. Follows the principal as an incident. Not chargeable upon claims against the assets of an insolvent from the date of the assignment, or against the estate of a decedent from the day of death; nor upon an advancement; nor upon costs. Where not stipulated as part of a contract, given as damages for detaining money, property, or services, and from the day of default.* In torts, allowance as damages rests in the discretion of the jury. Has been allowed upon money obtained by fraud or detained by an officer.* The practice of the treasury department of the United States has always been not to pay interest upon claims against the government, without express statutory authorization; and Congress has repeatedly refused to pass any general law for the allowance of interest.' Compound interest is riot recoverable, imless there has been a settlement, or a judgment whereby the aggregate amount of principal and interest due is turned into a new principal; or where there is a specific agreement to do so.' If interest upon interest were allowed in all cases, debts would increase beyond all ordinary calculation and endurance; common business could not stand the overwhelming accumulafriofi.* See Bonus; Coupon, Bond; Damages; Deposit, 2; Discount, 2; War. rNTERFEBENCE. Is used in the Revised Statutes prescribing proceedings when an Application is made for a patent which 1 Tanner v. Dundee Land Investment Co., 12 P. B. » 2 Bl. Com. 454. » Stokely v. Thompson, 34 Pa. 211 (1869). < United States v. HUls, 4 dm. 621-22 (1878), cases. • Lincoki v. Claflin, 7 Wall. 139 (1868); Frazer v. Bigelow Carpet Co., 141 Mass. 127-28 (1886), cases. • Angarica v. Bayard, 127 U. S. 260 (1888), cases. ' Stokely v. Thompson, Camp v. Bates, sy,pra. 6 Connecticut v. Jackson, 1 Johns. Ch. •14 (1814), Kent, Ch. See generally Selleck v. French, 1 Conn. may interfere with a pending application or with an unexpired patent.! gge. Patent, 2,