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…
1Dissent
Danforth, J. (dissenting).
Judgment upon contract was entered in favor of the plaintiff, on the 10th of February, 1877, for the sum of $2,994.64. On the 19th of November, 1883, execution was issued for its enforcement with directions to collect the whole amount, with interest at seven per cent. The defendants applied by motion to the Special Term of the Supreme Court for an order restraining the sheriff from collecting interest at a greater rate than six per cent per annum after January 1, 1880. It was refused and the decision then made was affirmed by the General Term of that court.
It is not…
2Cases cited13 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Roberts' adm'or v. CockeSupreme Court of Virginia · 1877
- The People Ex Rel. Dusenbury v. . SpeirNew York Court of Appeals · 1879
- Salter v. . Utica Black River Railroad Co.New York Court of Appeals · 1881
- Bull v. KetchumNew York Supreme Court · 1846
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