Devlin v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made April VT, 1891, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court and granted a new trial.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made April VT, 1891, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court and granted a new trial. This action was brought to recover interest upon $61,500, the amount of an award to plaintiff for land taken by defendant under chapter 191 of the Laws of 1888, “ An act to provide for the acquisition of sites for school buildings by the board of education of the city of Mew York,” from July 5, 1889, the date on which the report of the commissioners appointed in…
1Opinion of the CourtPeckham, J.
The award made by the commissioners to estimate the damages to the plaintiff as owner for land taken was confirmed on the 5th of July, 1889, and on the twentieth of the following September, the city comptroller paid to the owner of the land the amount of such award, without interest. The owner received the same under protest and claimed interest from the date of confirmation to the date of payment. The question is whether the plaintiff is entitled to it.
The provisions regarding interest, which are found in the 4th section of chapter 191 of the Laws of 1888, providing for the acquisition of…
2Cases cited1 opinion
- Cutter v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1883
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- Bennett v. Federal Coal & Coke Co.West Virginia Supreme Court · 1912
- Grennon v. New Orleans Public Service, Inc.Louisiana Court of Appeal · 1931
- Shepard v. . City of New YorkNew York Court of Appeals · 1915
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