O'Keeffe v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1903, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order of such trial court reducing the verdict as directed by the amount of interest upon each of the demands sued upon from the date when such demands became due to the date of service of notice of claim upon the comptroller.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1903, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order of such trial court reducing the verdict as directed by the amount of interest upon each of the demands sued upon from the date when such demands became due to the date of service of notice of claim upon the comptroller. This action was brought to recover several installments due under a paving contract providing for the payment of a part of the contract price in ten…
1Per curiam
The only question brought up for review is as to the time that interest should be allowed upon the plaintiff’s claim. It would be exceedingly difficult for the comptroller of a large city to look up claimants or their heirs or assigns and tender payment as their claims matured and became due. If interest at six jier cent is chargeable from the date of the maturity of claims many persons might- refrain from presenting them during the j>eriod permitted by the Statute of Limitations. The allowing of interest from such maturity would afford a safe and profitable investment which might become very…
2Cases cited2 opinions
- Sweeny v. . City of New YorkNew York Court of Appeals · 1903
- Taylor v. Mayor of New YorkNew York Court of Appeals · 1876
3Cited by14 opinions
- Rapid Transit Subway Construction Co. v. City of New YorkNew York Court of Appeals · 1932
- Smith v. . Board of EducationNew York Court of Appeals · 1913
- Miller v. City of OneidaNew York Supreme Court · 1934
- Village of Ilion v. County of HerkimerNew York Court of Appeals · 2014
- American Pipe & Construction Co. v. Westchester CountyCourt of Appeals for the Second Circuit · 1923
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