Sayre v. Austin
New York Supreme Court
This was an action of debt, tried at the New-York circuit in March, 1826, before the Hon. William A, Duer, then 0ne of the circuit judges.
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This was an action of debt, tried at the New-York circuit in March, 1826, before the Hon. William A, Duer, then 0ne of the circuit judges. The declaration contained three counts: 1. On a judgment ™ assumPsih *n favor of the plaintiffs against the defendants, for $481,41, obtained in the term of August, 1804; 2. On another judgment in assumpsit, of the same term, for $461,-27; 3. A count for interest upon and for the forbearance 0f ¿{vers iarge sums of money before then lent and advanced, and due and owing by the defendants to the plaintiffs, and forborne by the plaintiffs at the special…
1Opinion of the Court
By the Court,
Sutherland, J.
The act of 1813, (1 R. L. 506,) merely provides, that in all executions to be issued on judgments thereafter to be recovered upon contracts, it shall be lawful to direct the collection of the interest on the said judgments from the time of recovering the same until paid. It is not by virtue of this act that judgments carry interest; it only authorizes the collection of it upon execution.
It cannot be contended, with any shew of reason or au-, thority, that a judgment is á debt not due until a demand of payment is made, after the original cause of action has not only…
2Cited by10 opinions
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- Booth v. AblemanWisconsin Supreme Court · 1866
- Allen v. AllenNew York Supreme Court · 1880
- Cox v. MarlattSupreme Court of New Jersey · 1873
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