E. R. Squibb & Sons Inter-American Corp. v. Springmeier Shipping Co.

This is a motion to resettle a judgment so as to strike therefrom provision for the payment of interest from June 15, 1945, the time of the accrual of the action. At the conclusion of the trial, without a jury, the court found that the plaintiff was entitled to recover in a suit brought for damage to a shipment of merchandise consisting of collapsible metal tubes. The defendant now asserts that it was error to allow interest from June 15, 1945, since the action sounds in tort, while section 480 of the Civil Practice Act provides explicitly for interest as awarded herein only in an “ action…