Beattys v. Town of Solon
New York Supreme Court
Appeal from circuit court, Cortland county. Action by George II. Beattys against the town of Solon on coupons representing interest payable on bonds issued by defendant in aid of the construction of the Utica, Chenango & Cortland Railroad Company to recover damages with compound interest for refusal to pay the same. From a judgment entered for plaintiff on a decision of the circuit court, a jury having been waived, defendant appeals.
1ConcurrenceMerwin, J.
I concur -in the opinion of the presiding justice, except on the question of interest. The authorities cited by Justice Martin show conclusively that in a case like the present the rule is settled, so far as it can be without a direct decision from the court of appeals, that interest is allowable. As said in Town of Genoa v. Woodruff, 92 U. S. 502, it is in entire accordance with the decisions, generally, of the state courts and of the United States supreme court. See, also, *2 Daniel, Yeg. Inst. (4th Ed.) § 1513, and cases cited. This rule was distinctly laid down by the general term of the…
2Cases cited20 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Aurora City v. WestSupreme Court of the United States · 1869
- Koshkonong v. BurtonSupreme Court of the United States · 1882
- Young v. . HillNew York Court of Appeals · 1876
- Pana v. BowlerSupreme Court of the United States · 1883
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