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H. G. Vogel Co. v. Lockport Glass Co.

H. G. Vogel Co. v. Lockport Glass Co., 118 N.Y.S. 351 (N.Y. Sup. Ct. 1909)
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Court
New York Supreme Court · State Trial Courts
Decided
January 15, 1909
Judges
Brown
Citations
118 N.Y.S. 351
Disposition
Verdict corrected.
Headnotes
Interest (§ 19*)—Unliquidated Demand. Plaintiff is not entitled to interest, where his claim is liquidated by . the jury by deducting from his claim a claim of defendant for damages, established by the jury at a certain amount. [Ed. Note.—For other cases, see Interest, Cent. Dig. §§ 35-40; Dec. Dig. § 19.*]
Summary
Action by the H. G. Vogel Company against the Lockport Glass Company. Defendant moves for a new trial and to correct verdict.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Brown

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BROWN, J.

The plaintiff’s claim of $1,777.34 was reduced by the jury in a substantial amount. The damages claimed by defendant were established by the jury to be $656.01. The plaintiff’s claim was liquidated by the jury by deducting defendant’s damages at $1,131.33. The jury were charged to add interest to balance found due plaintiff for six years at 6 per cent. This interest on $1,131.33 is the sum of $403.-67; the verdict being for $1,131.33, principal, and $403.67, interest, a total of $1,535. It was error to direct jury to add interest. The plaintiff was not entitled to interest. The verdict must be reduced to $1,131.33. Excelsior Terra Cotta Co. v. Harde, 181 N. Y. 11 , 73 N. E. 494 , 106 Am. St. Rep. 493 ; Delafield v. Westfield, 41 App. Div. 24 , 58 N. Y. Supp. 277 .

An order may be.entered, correcting the verdict by reducing the sum to $1,131.33, and denying defendant^ motion for a new trial.

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Cited by 0 cases

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Authorities cited 2

DepthCaseCited by
Excelsior Terra Cotta Co. v. Harde, 73 N.E. 494 (N.Y. 1905) 35
Delafield v. Vill. of Westfield, 41 A.D. 24 (1899) 15

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