23 Mo. 259 | Mo. | 1856
delivered tbe opinion of tbe court.
Our opinion in this case is not influenced by the conduct of the parties. From tbe facts as they appear by tbe record, there is nothing in tbe conduct of Payne which merits any favor at tbe hands of the court. Were it a matter of discretion with us whether or not interest should be allowed to the plaintiff, as claimed by him, we would not hesitate to refuse it on tbe facts appearing in tbe case.
Tbe reason given in tbe English books why interest is payable on a promissory note, that it is the duty of the debtor to seek his creditor and discharge bis debt, is not tbe motive for allowing interest with us. In this state, a note payable on demand will bear interest from its date. Our statute regulating interest seems to be founded on tbe idea of the value of tbe use of money. Cases may occur in which a debtor may bold money for bis creditor and make no use of it; but our
Persons not initiated in the mysteries of banking would take it for certain that such certificates would carry interest without interruption until they were paid, and, in their simplicity, would naturally suppose that the longer they were suffered to run, the more the bankers would be bencfittcd. If bankers wish to obtain the advantage sought in this case, there is no hardship in requiring them to express their contracts in such terms as will not mislead. The maxim, verba chartarun for-tius accipiuntur contra proferentem, is one of strict justice in its application to such contracts. It may be said that bankers will give a greater interest when deposites are made for a definite time than when made subject to the call of the depositor ; that after the deposite becomes payable, the banker must keep on hand money for its liquidation, and therefore should