Mutual Life Insurance v. Rodney

Citations

• 12 Del. Ch. 294
• 114 A. 163
• 1921 Del. Ch. LEXIS 35

Syllabus

<p>In general interest is not due unless there be an agreement to pay it' or* a default in the payment of the principal debt when due, in which case interest is allowed as damages for detention.</p> <p>There is no authority which makes it the duty of a debtor to enforce interpleader between his creditors.</p> <p>Where insured assigned the policy, and both administrator and assignee claimed the money, the insurance, company after eight years since proof of loss was entitled to interplead the claimants and to bring the money due under. ' the policy into court without interest thereon, it not having unreasonably delayed payment, the delay, if any, resulting from the claimants’ failure to assert their rights.</p>