Reports of cases argued and determined in the Supreme Court Volume 3; and in the Court for the Trial of Impeachments and the Correction of Errors, of the State of New York - Brossura

Cowen, Esek

Brossura

ISBN 10: 1130765679 ISBN 13: 9781130765670

Casa editrice: RareBooksClub.com, 2012

Riassunto

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1825 Excerpt: ... detention of the debt. (Borrel v. Goodere, 1 Dick. 428. Liotard v. Graves, 3 Caines' Rep. 220. Anonymous, 1 John. Rep. 315. Newell v. Griswold, 6 John. Rep, 46. Holliday v. Marshall, 7 id. 211. Kancs v. Smith, 12 id. 15G. Walden v. Sherburne, 15 id. 409. Consequa v. Fanning, 3 John. Ch. Rep. 601. Selleck v. French, 1 Con. Rep. JV. S. 32. Williams v. Craig, 1 Dall. Rep. 313. JPConnico v. Curzen, 1 CalPs Rep. 358, with the cases already cited to the first point-) The principle of the rule, that where no agreement to allow interest has been made, nor can be inferred, the parlies are not to be charged with it, applies with peculiar force here. Interest is in the nature of damages, for not paying the balance due; and is it fair that the party should be called. on for such damages, when it is seen that he was ignorant of Albany, the amount of the balance; or, indeed, that any balance whatever was due? It was impossible for the defendants to Reid know, until the settlement, whether Reid had advanced his Rensselaer own money or theirs. He had the custody of the books, Glass Factory, could alone state them, and it was impossible for the defendants to know the situation of the accounts until Reid presented them. If the rule is right between merchants, o fortiori, it is so here. Among merchants, each party keeps the accounts, and each may know their state with reasonable accuracy. But it was insisted, before the referees, and will, doubtlessee contended here, that the rule denying interest on unliquidated accounts is confined to those for goods sold, and other mercantile dealings between merchants and their customers; and that interest should be allowed here, on the ground that the debits were made up of moneys advanced for the use of the defendants. In support of th...

Su questa edizione

• Editore: RareBooksClub.com
• Data di pubblicazione: 2012
• ISBN 10: 1130765679
• ISBN 13: 9781130765670
• Rilegatura: Copertina flessibile
• Numero di pagine: 292