Bull v. Ketchum
New York Supreme Court
Costs and interest. The defendant assigned to the plaintiff a bond and mortgage made by one Welty, and covenanted and bound himself to the plaintiff for the faithful payment and performance by Welty of the conditions and terms of the bond find mortgage. The condition of Welty’s bond.was, among other things, that he should pay-ICetchum $20.00 .with interest, and should also pay-the ground rent on the mortgaged premises.
Read the full summary
Costs and interest. The defendant assigned to the plaintiff a bond and mortgage made by one Welty, and covenanted and bound himself to the plaintiff for the faithful payment and performance by Welty of the conditions and terms of the bond find mortgage. The condition of Welty’s bond.was, among other things, that he should pay-ICetchum $20.00 .with interest, and should also pay-the ground rent on the mortgaged premises. The plaintiff sued on the defendant’s covenant;. and in the first count of his declaration alleged for breach, that Welty ,had not paid the ground rent; and in the second count…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The law of 1844 gives interest on the verdict, from the time it was obtained to the time *190of the judgment, whichever party may have occasioned the delay. (Stat. 1844, p. 508, § 3.) But the statute does not retroact; (Bailey v. The Mayor of N. Y., 7 Hill, 146;) and this verdict was rendered before the law was enacted. At the common law, the plaintiff is only entitled to tax interest on the verdict where the delay in obtaining judgment has been ocea sioned by the defendant; and not where the plaintiff himself causes the delay. (Vredenbergh v. Hallett, 1 John. Cas.…
2Cases cited3 opinions
- Seymour v. BillingsNew York Supreme Court · 1835
- People v. GaineNew York Supreme Court · 1806
- Williams v. SmithNew York Supreme Court · 1804
3Cited by18 opinions
- Trimboli v. Scarpaci Funeral Home, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
- Amsbry v. . HindsNew York Court of Appeals · 1871
- Koontz ex rel. Koontz v. WeideSupreme Court of Kansas · 1922
- Oliver v. LoveMissouri Court of Appeals · 1904
- Horner v. LymanNew York Court of Appeals · 1868
13 more not listed; retrieve them via the Exa API.