Legal Opinion

Miller v. Foltis Fisher, Inc.

Appellate Terms of the Supreme Court of New York

Decided June 14, 1934PublishedCited by 6 opinions

1Per curiam

The complaint herein sounded solely in contract, although the damages sought were for personal injuries arising out of breach of a warranty implied in connection with the sale of food for human consumption. In view of the comprehensive language of the statute (Civ. Prac. Act, § 480) we think that interest was properly allowed on the verdict from the date of the breach to the date of trial.

Order reversed, with ten dollars costs, and motion denied.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.

2Cited by6 opinions

Brown v. Godefroy Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1951
Gillespie v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1966
E. R. Squibb & Sons Inter-American Corp. v. Springmeier Shipping Co.New York Supreme Court · 1949
Employees' Liability Assurance Corp. v. Empire City Iron Works, Inc.New York Supreme Court · 1959
Hall v. Florida Greyhound Lines, Inc.New York Supreme Court · 1948

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