Fuller v. Squire

New York Supreme Court

Fuller v. Squire

8 How. Pr. 121

DecidedMarch 15, 1853

StatusPublished

This text of 8 How. Pr. 121 (Fuller v. Squire) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fuller v. Squire, 8 How. Pr. 121 (N.Y. Super. Ct. 1853).

Pincite

Opinion

Parker, Justice.

The Code directs (§ 310), that when the judgment is for the recovery of money, interest from the time of the verdict or report, until judgment be finally entered, shall be computed by the clerk and added to the costs of the party entitled thereto. I think this means from the time the verdict is brought in, or the report made. Where plaintiff is entitled to recover interest on the demand in suit, the referee will compute it and include it in his report. When the demand does not draw interest, a referee can not give it to the plaintiff by antedating his report. In this case interest should have been computed on the report from the first day of December 1852, when it was made; and the excess of interest, being $12-11, must be deducted from the judgment; neither party to have costs of this motion.

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Parker, Justice.

The Code directs (§ 310), that when the judgment is for the recovery of money, interest from the time of the verdict or report, until judgment be finally entered, shall be computed by the clerk and added to the costs of the party entitled thereto. I think this means from the time the verdict is brought in, or the report made. Where plaintiff is entitled to recover interest on the demand in suit, the referee will compute it and include it in his report. When the demand does not draw interest, a referee can not give it to the plaintiff by antedating his report. In this case interest should have been computed on the report from the first day of December 1852, when it was made; and the excess of interest, being $12-11, must be deducted from the judgment; neither party to have costs of this motion.

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Bluebook (online)

8 How. Pr. 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuller-v-squire-nysupct-1853.