People v. County of New York
New York Supreme Court
Case agreed and submitted. During the years 1815, 1816 and 1817, the county of New-York became indebted to the people of the state, in the amount of $>165,466 75 for balances of state taxes, which were laid upon the county, during those years. These balances the county treasurer neglected to pay.
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Case agreed and submitted. During the years 1815, 1816 and 1817, the county of New-York became indebted to the people of the state, in the amount of $>165,466 75 for balances of state taxes, which were laid upon the county, during those years. These balances the county treasurer neglected to pay. On the 22d day of May, 1817, an account was stated by the comptroller exhibiting the above sum as then due to the state; and then, and frequently since he requested payment; and the accounts current furnished annually since 1817, have contained a charge of interest. The treasurer, in reply, stated…
1Opinion of the Court
Curia, per Savage, Ch. J.
The subject of interest upon contracts having lately been very fully considered by this Court in Reid v. The Rensselaer Glass Factory, (3 Cowen, 393,) I abstain from an examination of the cases cited on this head. They will be found collected and commented on in that case. I will, however, remark, that the English rule, as laid down by the late cases, is not admitted to be correct; but expressly denied. It is certainly reasonable, that when money is due, and withheld against the consent of the creditor, the debtor should pay interest as a compensation to the creditor,…
2Cited by18 opinions
- Cutter v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1883
- Davison v. KlaessNew York Court of Appeals · 1939
- Shepard v. . City of New YorkNew York Court of Appeals · 1915
- Brady v. The Mayor of the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1897
- Pulliam v. PulliamUnited States Circuit Court · 1881
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