Still v. Hall
New York Supreme Court
This was an application to set aside ^.report of ref erees. The action was assumpsit. The plaintiff claimed to recover a balance of §99.62, as due to him for his services as master of a sloop belonging to the defendant, which he had navigated on the Hudson river. His compensation was agreed upon at the rate of $35 per month. No time of payment was specified.
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This was an application to set aside ^.report of ref erees. The action was assumpsit. The plaintiff claimed to recover a balance of §99.62, as due to him for his services as master of a sloop belonging to the defendant, which he had navigated on the Hudson river. His compensation was agreed upon at the rate of $35 per month. No time of payment was specified. He had charge of the sloop from the spring until the navigation closed in the fall of 1835. The balance.claimed was conceded to be due, but the defendant offered to prove in bar of a recovery, or in reduction of the plaintiff’s claim,…
1Opinion of the Court
By the Court, Cowen, J.
It is well settled that interest is recoverable on moneys due upon a special agreement. Feeter v. Heath, 11 Wendell, 477,484. Williams v. Sherman,7 Wendell, 109. Interest runs from the time when the money falls due. Williams v. Sherman, 7 Wendell, 109, 112. The referees were correct, therefore, in allowing it, unless the principal sum stood open for liquidation, by the testimony offered in abatement. If so, and damages had been proved and deducted, interest should nobhave made a part of the balance found. The principal would have stood in the light of an uncertain…
2Cases cited3 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- M'Allister v. ReabNew York Supreme Court · 1830
- Williams v. ShermanNew York Supreme Court · 1831
3Cited by16 opinions
- Haverhill v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Ward v. FellersMichigan Supreme Court · 1854
- Logie v. BlackWest Virginia Supreme Court · 1884
- Pruyn v. . BlackNew York Court of Appeals · 1860
- Medart Pulley Co. v. Dubuque Turbine & Roller Mill Co.Supreme Court of Iowa · 1903
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