Holmes v. Rankin
New York Supreme Court
The action was brought to recover the amount of a promissory note, in the words and figures following: “ Dollars 2,000. Six years after date I promise to pay Sarah Rankin two thousand dollars with interest at six per cent-. Wm. Rankin. Charlotte, March 1st, 1846.” The complaint described the testatrix as “ Sarah Donihugh, (known also as Sarah Rankin.)” The defense was a set-off against the testatrix. The action was referred by an order of the court.
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The action was brought to recover the amount of a promissory note, in the words and figures following: “ Dollars 2,000. Six years after date I promise to pay Sarah Rankin two thousand dollars with interest at six per cent-. Wm. Rankin. Charlotte, March 1st, 1846.” The complaint described the testatrix as “ Sarah Donihugh, (known also as Sarah Rankin.)” The defense was a set-off against the testatrix. The action was referred by an order of the court. On the trial before the referee, the plaintiff proved the execution of the note by the defendant, with a computation of the interest, which, with…
1Opinion of the Court
By the Court, Welles, J.
The general rule has been uniformly understood to be, that interest is not recoverable on unliquidated damages, or for an uncertain demand. (Anon., 1 Johns. R. 315. Loitard v. Graves, 3 Cai. R. 226, per Spencer, J. 234. Newell v. Griswold, 6 Johns. R. 45. Reid v. Rensselaer Glass Factory, 3 Cowen, 393; S. C. in Error, 5 Id. 587. Wood v. Hikock, 2 Wend. 501. Still v. Hall, 20 Id. 52. Esterly v. Cole, 1 Barb S. C. R. 235. McKnight v. Dunlop, 4 Id. 36.) In the case of Reid v. The Rensselaer Glass Factory, (supra,) which was elaborately argued by counsel, and very fully…
2Cases cited2 opinions
- Lush v. DruseNew York Supreme Court · 1830
- Wood v. Hickok & HamiltonNew York Supreme Court · 1829
3Cited by4 opinions
- Benedict v. SliterNew York Supreme Court · 1894
- De Witt v. De WittNew York Supreme Court · 1887
- Gallup v. PerueNew York Supreme Court · 1877
- Hadley v. AyresNew York Court of Common Pleas · 1870