Grote v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 6, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so 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 second judicial department, entered March 6, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Parties may agree that the acceptance of the principal debt only shall not affect the creditor’s right to recover by subsequent action the interest diie as damages for default in payment of principal, and such an agreement is legal and enforceable. (Burr…
1Opinion of the CourtHaight, J.
This action was brought to recover interest at the legal rate upon the amount awarded for the taking of the lands of the plaintiff for 'park purposes from the time such award became due and payable to the time that the principal sum was paid. The trial court found that the acceptance of the principal sum of the award was a waiver of and a bar to the plaintiff’s claim or right to recover interest thereon. The trial court also found as a fact that, at the time the principal sum was paid and accepted, it was understood and agreed between the parties “ that all claims for interest upon the award…
2Cited by15 opinions
- Shepard v. . City of New YorkNew York Court of Appeals · 1915
- Woodward-Brown Realty Co. v. City of New YorkNew York Court of Appeals · 1923
- Forschirm v. Mechanics & Traders' BankAppellate Division of the Supreme Court of the State of New York · 1910
- Kretzinger v. EmeringSupreme Court of Iowa · 1915
- Murphy v. PrendergastNew York Supreme Court · 1917
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