Crocker-Anglo National Bank v. Claude T. Lindsay, Inc.

We must determine if a claim involving the purchase of goods for a liquidated sum on the terms of “2% ten; net 30” affords the right to statutory interest from the date of expiration of 30 days, or from any other date, prior to an order for the payment of the claim, within the meaning of the Probate Code. We have concluded that it fails to do so here because (1) the claim, presented to the executrix, made no demand for interest; (2) the claim on its face did not call for interest; and finally (3) the creditor was entitled to interest only from the date of order of payment.

The representative of the estate did not, at any time, approve a claim for the payment of interest. Following decedent’s death on October 9,1951, respondent on February 1,1952, filed a claim with the original executrix for the principal sum due in the amount of $9,422.04 for sale of lumber by respondent to decedent. The invoices of the sales were not attached to it. The executrix allowed the claim on March 24, 1952, and some three days later received invoices supporting the claim ‘‘for filing or such use as you find it necessary to make of them in the presentation of the claim to the court.” The probate court…