· 8/3/1993
Norman P. Hymel, Jr. v. Unc, Inc.
Citations
- 994 F.2d 260
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that parties contracted out of the statutory default interest rate because their prior contract provided that all unpaid amounts “shall bear interest from maturity until paid, both before and after judgment, at the rate of 9% per annum”
- explaining that parties can agree to a different rate than the standard rate set forth in 28 U.S.C. § 1961
- finding clear intent where a promissory note stated that a non-statutory interest rate would apply “both before and after judgment”
- finding contract language providing that “all past due interest and/or principal shall bear interest from maturity until paid, both before and after judgment” to be sufficiently clear
- citing, inter alia, La. Civ. Code art. 1848 (“Testimonial or other evidence . . . may be admitted to prove such circumstances as a vice of consent. . . .”) and Daigle & Associates, Inc. v. Coleman, 396 So. 2d 1270, 1271 (La. 1981
- Language in the Note providing an interest rate “both before and after judgment” permissible
Source: CourtListener parenthetical corpus (CC0).
Judges: Wisdom, Jolly, Demoss
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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