Shepard 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 May 19, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, as far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 19, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, as far as material, are stated in the opinion. Where there has been default in the payment of a liquidated amount under a contract, interest is recoverable as part of the damages for the wrongful detention of the debt, on the principle that the plaintiff should be fully compensated for the loss he has sustained.…
1Opinion of the Court
Willard Bartlett, Ch. J.
This is an action to recover interest. On September 1,1904, the plaintiff was unlawfully removed from the position of clerk in the department of water supply, gas and electricity of the city of New York, in which he received a salary of $2,700 a year, and was placed in a lower position in the same service at a salary of $1,500 a year. On August 1, 1907, pursuant to two decisions of this court, he was restored to his former position of clerk at an annual salary of $2,700. (See Matter of Shepard v. Oakley, 181 N. Y. 339; People ex rel. Shepard v. Ellison, 188 N. Y. 614.)…
2Cases cited10 opinions
- Cutter v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1883
- Hamilton v. . Van RensselaerNew York Court of Appeals · 1871
- Dean v. WilliamsMassachusetts Supreme Judicial Court · 1821
- People v. County of New YorkNew York Supreme Court · 1826
- Grote v. . City of New YorkNew York Court of Appeals · 1907
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3Cited by17 opinions
- Davison v. KlaessNew York Court of Appeals · 1939
- Buckley v. CommissionerUnited States Tax Court · 1962
- Reynolds v. Comm'rUnited States Board of Tax Appeals · 1941
- Arkport State Bank v. NutterAppellate Division of the Supreme Court of the State of New York · 1953
- Woodward-Brown Realty Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1922
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