Sawyer v. E. F. Drew & Co.

MODARELLI, District Judge.

The opinion of the court in this case was filed on April 7, 1953, and is found at 111 F.Supp. 1.

Plaintiff moved “for an order settling the terms of the judgment, and specifically to include the interest on the items of salary past due and owing.” This motion presents two questions: (1) Is the plaintiff entitled to interest as an item of damage ? (2) And if so, at what rate ?

Interest is allowed where the damages are liquidated or ascertainable by mathematical calculation. If the amount claimed is reduced by the allowance of an unliquidated set-off or counterclaim,…