Barcalo Manufacturing Company v. . Maldonado Company

116 N.E. 345, 221 N.Y. 499, 1917 N.Y. LEXIS 1347

• Court: New York Court of Appeals
• Decided: May 15, 1917
• Status: Published

Opinion

Per Curiam.

The referee has made inconsistent findings. He has found that $910.36 represents the plaintiff’ net invoice value of the goods sold from the first consignment and has credited the plaintiff with that amount. By defendant’s ninth request to find, he determined the amount to be $773.60. The defendant, appellant, is entitled to this difference of $136.76, with interest thereon from August 8, 1907, to May 5, 1913, which is $47.18, making a total of $183.94. (Hazard v. Wight, 201 N. Y. 399; Whalen v. Stuart, 194 N. Y. 495, 502.)

The judgment should be modified by deducting the sum of $183.94, and as so modified affirmed, without costs.

Hiscock, Ch. J., Collin, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ. concur.

Judgment accordingly.