DocketNumber: No. 6889. [fn*]
Citation Numbers: 275 S.W. 725
Judges: McCLENDON, C.J.
Filed Date: 6/24/1925
Status: Precedential
Modified Date: 1/13/2023
The trial court's judgment is reversed, and judgment is here rendered in favor of appellant against the appellee for the amount of the several certificates sued on, together with 6 per cent. interest per annum thereon from their respective maturity dates.
Reversed and rendered.
The record shows that the first two certificates, aggregating $1,300, were presented and payment refused, but the date of their presentation is not given. However, suit was filed on the 26th day of December, 1921, which was in effect a demand for payment. The amount of these certificates should therefore bear interest from that date. The third certificate, for $200, did not mature until January 4, 1922, after suit was filed. Interest on that amount should be from the date of maturity.
Accordingly the judgment heretofore rendered is modified, so as to provide that the first two certificates bear interest from the date suit was filed, and the third from the date of its maturity. In all other respects, the motion for rehearing is overruled.
Judgment modified as to interest.
Motion overruled.