Young v. . Hill
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, modifying, and affirming as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 6 Hun, 613.) This action was brought upon an account stated ; the complaint alleged various errors and omissions in the account which it asked to have corrected.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, modifying, and affirming as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 6 Hun, 613.) This action was brought upon an account stated ; the complaint alleged various errors and omissions in the account which it asked to have corrected. Richard T. P. Pulteney, the original plaintiff, died during the pendency of the action, and plaintiff, his administrator, with will annexed, was substituted. The court found the following…
1Opinion of the Court
Allen J.
Had the action been directly upon the bond, the amount legally recoverable upon which is the only item in controversy, the recovery in respect to it would have been limited to what, if anything, should be ascertained to be due thereon upon a computation after the rule prescribed in State of Connecticut v. Jackson (1 J. Ch. R., 13), for the computation of interest where partial payments have been made from time to time. The question is presented whether by a change in the form of action the legal rights of the parties can be varied. Compound interest can only be recovered upon some new…
2Cases cited12 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- Mowry v. BishopNew York Court of Chancery · 1835
- Philips v. BeldenNew York Court of Chancery · 1833
- Stewart v. . PetreeNew York Court of Appeals · 1874
- Kellogg v. HickokNew York Supreme Court · 1828
7 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- State v. Illinois Central RailroadIllinois Supreme Court · 1910
- Newburger-Morris Co. v. . TalcottNew York Court of Appeals · 1916
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
- Giventer v. ArnowNew York Court of Appeals · 1975
- Meagher v. KavliSupreme Court of Minnesota · 1958
89 more not listed; retrieve them via the Exa API.