Sec. 37-1. Legal rate. Accrual as addition to debt.
Sec. 37-1. Legal rate. Accrual as addition to debt. (a) The compensation for
forbearance of property loaned at a fixed valuation, or for money, shall, in the absence
of any agreement to the contrary, be at the rate of eight per cent a year; and, in computing
interest, three hundred and sixty days may be considered to be a year.
(b) Unless otherwise provided by agreement, interest at the legal rate from the date
of maturity of a debt shall accrue as an addition to the debt.
(1949 Rev., S. 6776; 1971, P.A. 783, S. 1; P.A. 79-364, S. 1.)
History: 1971 act added new Subsec. (b) providing that interest shall accrue as an addition to the debt; P.A. 79-364
changed rate of interest from 6% to 8% in Subsec. (a).
Allowed because of contract express or implied or as damages. 22 C. 392; 72 C. 705. Note "with fifteen per cent after
maturity"; the per cent held to be interest and not damages. 42 C. 524. Effect of validating act subsequently repealed on
usurious contract for interest. Id., 574; 56 C. 214. A note on which the interest is payable quarterly at the legal rate is not
usurious. 44 C. 494. The law takes note of the running of interest at the legal rate where the principal is due. 56 C. 114.
The taking of interest in advance on a demand note constitutes an agreement to forbear for that time. 63 C. 87. Generally,
any rate agreed on is lawful. 76 C. 388. Agreed rate governs till default, then legal rate; exceptions. 78 C. 323. Effect of
insolvency of bank on its liability to pay interest. 88 C. 206. Cited. 126 C. 461; 147 C. 225. See note to Sec. 37-4. An
agreed interest rate will prevail over the stated rate in statute. 160 C. 534. Cited. 177 C. 149.
Cited. 15 CA 718. Cited. 44 CA 402. Statute not applicable where there is a wrongful detention of funds and no
forbearance. 109 CA 691.
Cited. 10 CS 240. Statutory rate of interest does not apply unless there is an expressed or implied agreement to pay
interest. 29 CS 114. Cited. 38 CS 610. Cited. 41 CS 538.
Subsec. (a):
Cited. 186 C. 612. Cited. 188 C. 316.
Cited. 13 CA 330.
Subsec. (b):
Cited. 188 C. 316.