HRS 0478-0002 ANNOTATIONS

Under prior law where interest of two per cent a month could have been contracted only in writing, a verbal agreement to extend a written loan providing for such interest was valid. 2 H. 191.

Statutory rate applies to balance due on an account stated when no written agreement for higher rate. 3 H. 397.

Interest not interrupted by debtor's death. 3 H. 397.

Foreign judgment carries interest. 8 H. 335.

Statutory rate applies to legacy not paid. 9 H. 492.

Written agreement for payment of rent is "instrument of writing", and rent carries interest from the due date. 19 H. 446.

Bank deposit is "money lent". 36 H. 571;43 H. 1.

In computing blight damages where property was condemned, held legal rate applied in absence of evidence of normal commercial rate, where no special statutory rate. 45 H. 650, 372 P.2d 348.

In absence of specific agreement, obligation to pay becomes "due" within reasonable time. 48 H. 349, 402 P.2d 683.

Running of interest when stopped by garnishment. 48 H. 349, 402 P.2d 683.

Delinquent rentals carry interest. 61 H. 483, 605 P.2d 925.

Written agreement for payment of rent is "instrument of writing" and rent carries interest from the due date. 66 H. 431, 667 P.2d 251.

Prejudgment interest properly awarded under §636-16 from date of breach of contract at rate of ten per cent as provided in paragraph (1) for money due on settlement agreement between parties. 86 H. 21, 946 P.2d 1317.

No interest allowable where judgment for "lost rental income" not "delinquent rentals". 5 H. App. 603, 705 P.2d 67.

Not applicable to judgments against the State. 6 H. App. 70, 708, P.2d 829, aff'd, 68 H. 220, 708 P.2d 824.

Where no interest rate was set forth in order confirming sale of property to successful bidder at a judicial foreclosure sale, interest damages for mortgagee bank when bidder defaulted on payment should have been calculated at the ten per cent interest rate allowed by this section, not the rate of interest the original mortgagor had agreed to pay bank under the original mortgagor's adjustable rate promissory note. 96 H. 348 (App.), 31 P.3d 205.

Cited: 35 H. 352, 366; 36 H. 107, 109.