Purcell v. Long Island Daily Press Publishing Co.

Fuld, J. (dissenting in part).

I would affirm the judgment in its entirety, for I believe, with the courts below, that the plaintiff is entitled to interest as a matter of law.

There can be no doubt that an award of interest is necessary to afford a plaintiff, whose property has been damaged, full indemnity for the wrong done to him by the defendant. And it is equally indisputable that on principle such a plaintiff, whether his property is lost to him through the defendant’s willfulness or negligence, is entitled to interest, as part of his damages, as a matter of right. Indeed, Chief Judge…