Page:United States Statutes at Large Volume 47 Part 1.djvu/1355

 72d C ONGRESS. SESS. II. CH. 128 . FEBR UARY 2 7, 1933 . SEC. 1599. INJURIES RESULTING OR PROBABLE AFTER SUIT BROUGHT .- Injuries resulting or probable after suit D amages may be awa rded, in a judici al pr oceedi ng, f or det rimen t brou ght. resul ting after the comm encem ent there of or cert ain to re sult in t he future. INTEREST AS DAMAGES Interest as damages. SEC. 1600 . PERSON ENTITLED TO RECOVER DAMAGES MAY RECOVER INTEREST THEREON .-Every person who is entitled to recover damages certai n, or capab le of being made certa in by calcu lation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prevented by law, or by the act of the creditor, from paying the debt. Cross REFERENCES Damages prescribed in code are exclusive of interest, see section 1624. Post, p. 1334. Interest as damages, see section 666. Ante, p. 1220. Interes t as damages on breach of contract, see section 1607. Post, p.1332. Interest in actions for conversion, see section 1616. Post, p.1333. SEC. 1601 . IN ACTIONS OTHER THAN CONTRACT .-In an action for the breach of an obligation not arising from contract ? and in every case of oppression, fraud, or malice, interest may be given, in the discre- tion of the court or jury. CROSS REFERENCE Interest in trover and conversion, see section 1616- Post, p.1333. SEC. 1602 . LIMIT OF RATE BY CONTRACT.-Any legal rate of interest tract . it of rate by con- stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a judgment or other new obligation. SE C. 1603. ACCEPTANCE OF PRINCIPAL WAIVES CLAIM TO INTEREST.-- Acceptance of princi. Pal wa ives cl aim to Accepting payment of the whole principal, as such, waives all claim interest to interest. EXEM PLA RY DAM AGE S SEC. 1604 . EXEMPLAR Y DAMAGE S, IN WH AT CASES ALLOWED. -I n an acti on for the breach of a n obli gatio n not arisi ng from contract, where the defendant has been guilty of oppression, fraud, or malice, expr ess o r imp lied, the plai ntiff, in addi tion to t he ac tual damag es, may recover damages for the sake of ex ample and by way of pun- ishing the defendant. Cross REFERENCES Damages for wrongs, generally, see sections 1615 et seq. Damag es prescribe d in code ex clusive of ex emplary dama ges, see sec tion 1624. Infan ts and insan e persons, l iability for exemplary da mages, see s ection 2 7. Injur ies to anima ls, exemplar y damages for, see sectio n 1620. MEASURE OF DAMAGES DAMAGES FOR BREACH OF CONTRACT CROSS REFERENCES Recovery of. Actions other than contract. Exempl ary dam ages. When a llowed. Post, p. 1333. Post, p. 1334. ..rite, p. 1126 Post, p. 1333. Breac h of warrant y, see secti on 66 5. Ante, p. 1219. Measure of damages for breach of contracts to sell and sales of personal Ante, p. 1204. property, see sections 597 to 673. 1331 I