Gray v. Central R. Co. of New Jersey
New York Supreme Court
Appeal from circuit court, New York county. Action by John Gray and another against the Central Railroad Company of New Jersey to recover damages for the alleged failure of defendant to perform an executory contract for the purchase of a steamboat. TYom a judgment entered on a verdict in favor of plaintiffs, and from an order denying a motion for a new trial, defendant appeals. Modified. For former report, see 31 N. Y. Supp. 704.
1Opinion of the CourtVan Brunt, P. J.
It does not seem necessary to discuss the Question involving the right of the plaintiff to the benefit of the verdict rendered. There are no exceptions to the admission or exclusion of evidence which require special mention. The learned court, however, seems to have erred in charging the jury that, if they found for the plaintiff, they should allow interest. It seems to be the rule in this state that, where the damages are unliquidated, and the party in default has no means of ascertaining the amount of damages to which the other party is entitled, so that he may tender the same, interest…
2Cases cited3 opinions
- McMaster v. . the State of New YorkNew York Court of Appeals · 1888
- White v. . MillerNew York Court of Appeals · 1879
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
3Cited by1 opinion
- Delafield v. Village of WestfieldAppellate Division of the Supreme Court of the State of New York · 1899