People v. Gaine
New York Supreme Court
THIS was an action on a bend with a special condition, and breaches assigned, &c. The jury had assessed the damages to the full amount of the penalty. The question submitted to the court Was, whether the plaintiffs were entitled to interest from the time of the verdict, to the day •of taxing the costs.
1Per curiam
In all cases where'the defendant applies to :set aside a verdict-, and thereby delays the plaintiff, interest ■is awarded. In this case, there has been no delay created by the defendant, and the verdict is -for the full amount of the penalty. Interest ought not, therefore, to be allowed.
Rule refused.
2Cited by10 opinions
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