23 Utah 504 | Utah | 1901
Tbis action was brought to recover upon several warrants issued by Salt Lake county in 1894, with interest at eight per cent, per annum from date of presentation for payment until funds were received into the hands of the treasurer to pay the principal and interest. The warrants were issued in excess of the debt limit. They were presented for payment January 3, 1895, and payment refused for want of funds. Since such date the principal on said warrants has been fully paid, and also interest thereon at the rate of five per cent, per annum from the fifth day of June, 1896. The only question for determination is whether interest should be allowed at eight per cent, from the date of the presentation of the warrants for payment and refusal to pay, instead of five per cent, from June 5, 1896; that being the date when the statute (section 59, c. 131, Sess. Laws 1896) became operative which allowed interest at five per cent, to September 20, 1897, the time when the county offered to pay. The appellant contends that interest should be paid on such warrants at the rate of eight per cent, per annum from the date of presentation for payment, which was about January 3, 1895, and claims that the county is estopped from interposing any defense to this claim for interest by virtue of a decision rendered in the Third District Court for Salt Lake county in 1893, wherein W. P.