Interest is allowed not simply when an express contract is broken but also where money is wrongly withheld by the defendant and the plaintiff's right is based on quasi-contract; as for instance where money has been acquired or retained fraudulently,62 or by duress,63 or is held by the defendant under a constructive trust imposed upon him ex maleficio.64 Where money has been expended properly by the plaintiff for the use of the defendant, interest is chargeable from the time when repayment was due, which will ordinarily be from the time when the plaintiff made his payment.66 Thus a surety's claim for contribution bears interest from the time when the claim arises.66 Money lent also bears interest from the time of the loan,67 unless the circumstances of the case indicate a contrary intention.68 Where, however, the defendant has rightfully received money which he is holding as agent for the plaintiff no interest can be allowed until demand, or violation of instructions as to the disposition of the money.69 So where money was received by mistake,70 and presumably in any case where recovery involves the rescission of a previous transaction in entering into which the defendant was innocent of conduct which he should have known was wrongful. For instance, a donee who received in good faith trust money, would only be liable for such profit as he actually obtained from the use of the money. Where a quasi-contractual claim is unliquidated, the limitations on the right to recover interest on unliquidated contractual claims must also be considered.71
61 Illinois Surety Co. v. John Davis Co., 244 U. S. 376, 61 L. Ed. 1206, 37 Sup. Ct. 614.
62 Manufacturers' Nat. Bank v. Perry, 114 Mass. 313, 11 N. E. 81; McLain v. Parker, 229 Mo. 68, 129 S. W. 600; Reynolds Elev. Co. v. Merchants' Nat. Bank, 55 N. Y. App. D. 1, 67 N. Y. S. 397; Silver V. M. Co. v. Batlimore, etc., Co., 99 N. C. 445, 6 S. E. 735.
63 Mee v. Montclair, 83 N. J. L. 274, 83 AtL 764.
64 London Bank v. White, L. R. 4 A. C. 413; Harrison v. Perea, 168 U. S. 311, 324, 42 L. Ed. 478* 18 Sup. Ct. 129; Brown v. First Nat. Bank, 49 Col. 393, 113 Pac. 483; American Trust A; Banking Co. v. Boone, 102 Ga. 202, 29 S. E. 182, 40 L. R. A. 250, 66 Am. St. Rep. 167; Walker v. Montgomery, 249 111. 378, 94 N. E.
527; Tucker v. State, 163 Ind. 403, 71 N. E. 140; Andrews v. Clark, 72 Md. 396, 20 Atl. 429; Moors v. Washburn, 159 Mass. 172, 34 N. E. 182; Mayor, etc., of New York v. Sands, 39 Hun, 519.
65 Pterin p. Parker, 126 111. 201, 18 N. E. 747, 2 L. R. A. 336, 9 Am. St. Rep. 571; Goodnow v. Plumbe, 64 la. 672, 21 N. W. 133; French v. French, 126 Mass. 360; Ashuelot R. R. v. Elliot, 57 N. H. 397; Wcere v. Schumacher, 161 N. Y. 530, 56 N. E. 72; Fisk v. Brunette, 30 Wis. 102.
66 Allen v. Fairbanks, 45 Fed. 445; Breckinridge v. Taylor, 5 Dana, 110.
67 Butler v. Butler, 10 R. I. 501.
68 Bell v. Rice, 50 Neb. 547, 70 N. W. 25; Sprague v. Sprague, 30 Vt. 483.
69 United States v. Curtis, 100 U. S.