J. H. Thompson & Co. v. Matthews

Citations

• 56 Miss. 368

Syllabus

<p>1. Interest. Upon open account. A legal incident of the debt.</p> <p>Under sect. 2279 of the Code of 1871, which provides that the legal rate of interest on accounts shall be six per cent per annum, a creditor by open account .is entitled to such interest, as a legal incident of the debt, after its maturity.</p> <p>2. Commissions nor Advances. Implied contract. Proof.</p> <p>To entitle a merchant to recover for commissions charged for advancing goods and money, it is not necessary that he should prove an express contract or promise of the defendant to pay such commissions, but it is sufficient if the course of dealings between the parties is proven to have been such that the promise may be inferred, — as, if it be shown that accounts containing such charges had been made out and delivered by the plaintiff to the defendant, and he had treated them as correct.</p>