Meech v. Smith
New York Supreme Court
Error from the Monroe common pleas. Meech sued Smith in a justice’s court, and declared against him in assumpsit on the common counts; the defendant pleaded the general issue, and gave notice of set off, and that he would claim damages for the non-performance of a contract relative to the transportation of a quantity of flour, &c. The plaintiff recovered a judgment for $37,64, besides costs, and the defendant appealed to the Monroe common pleas.
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Error from the Monroe common pleas. Meech sued Smith in a justice’s court, and declared against him in assumpsit on the common counts; the defendant pleaded the general issue, and gave notice of set off, and that he would claim damages for the non-performance of a contract relative to the transportation of a quantity of flour, &c. The plaintiff recovered a judgment for $37,64, besides costs, and the defendant appealed to the Monroe common pleas. On the trial in that court the plaintiff proved an account of about $34, for the transportation of a quantity of flour by the plaintiff for the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The questions are, 1. Was the plaintiff entitled to interest on his account ? 2d. Was the contract within the statute of frauds? 3d. Did the plaintiff exceed his powers, and was he liable therefor ? 4th. If liable, is he so in this form of action ? *318On the question of interest I think the court erred. Interest is always properly chargeable when there is either an express or an implied agreement to pay it. The facts offered to be proved are sufficient, in my judgment, to authorize a jury to infer that there was an agreement to pay interest; it was the uniform custom…
2Cited by27 opinions
- Dung v. . ParkerNew York Court of Appeals · 1873
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- Patrick v. BowmanSupreme Court of the United States · 1893
- Veiths v. HaggeSupreme Court of Iowa · 1859
- Taylor v. . NostrandNew York Court of Appeals · 1892
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