Hart v. Dewey
New York Court of Chancery
This was a bill filed by judgment creditors to reach certain property of their debtor in the hands of others. The cause was heard on exceptions to a master’s report and on the equity reserved.
1Opinion of the Court
The Chancellor.
The report of the master as to the amount due from Nathan must be confirmed. That amount appears from the report to be $435,06, casting the interest as Nathan insisted it should be cast in the account between him and Dewey. In running accounts between merchants, they have a right to agree upon the manner in which interest shall be charged and credited on the several items of debt and credit therein; provided it is not intended to be and is not in fact a cover for usury. Where there is no agreement or understanding to the contrary between the parties, the party receiving a…
2Cited by2 opinions
- Thomas v. KelseyNew York Supreme Court · 1859
- Clift v. MosesNew York Supreme Court · 1894