O'Brien v. . Young
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 8, 1884, which affirmed an order of Special Term, restraining the sheriff of the county of New York from collecting, upon a judgment issued to him herein, interest at a greater rate than six per cent after January 1, 1880. Judgment was perfected in this action in favor of plaintiff and against defendants February 10,1877. Execution thereon was issued to the sheriff…
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 8, 1884, which affirmed an order of Special Term, restraining the sheriff of the county of New York from collecting, upon a judgment issued to him herein, interest at a greater rate than six per cent after January 1, 1880. Judgment was perfected in this action in favor of plaintiff and against defendants February 10,1877. Execution thereon was issued to the sheriff November 19, 1883, instructing the sheriff to collect the amount thereof with interest at the rate of seven per cent from…
1Opinion of the CourtEarl, J.
By the decided weight of authority in this State, where one contracts to pay a principal sum at a certain future time with interest, the interest prior to the maturity of the contract is payable by virtue of the contract, and thereafter as damages for the breach of the contract. (Macomber v. Dunham, 8 Wend. 550; United States Bank v. Chapin, 9 id. 471; Hamilton v. Van Rensselaer, 43 N. Y. 244; Ritter v. Phillips, 53 id. 586; Southern Central R. R. Co. v. Town of Moravia, 61 Barb. 180.) And such is the rule as laid down by the ■ Federal Supreme Court. (Brewster v. Wakefield, 22 How. [U. S.]…
2Cases cited13 opinions
- Burnhisel v. FirmanSupreme Court of the United States · 1875
- Holden v. Trust Co.Supreme Court of the United States · 1879
- Rae v. HulbertIllinois Supreme Court · 1856
- Hamilton v. . Van RensselaerNew York Court of Appeals · 1871
- Macomber v. DunhamNew York Supreme Court · 1832
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3Cited by117 opinions
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- Slutsky v. Blooming Grove Inn, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
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