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

New York Supreme Court

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

118 N.Y.S. 351

DecidedJanuary 15, 1909

StatusPublished

This text of 118 N.Y.S. 351 (H. G. Vogel Co. v. Lockport Glass Co.) 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

H. G. Vogel Co. v. Lockport Glass Co., 118 N.Y.S. 351 (N.Y. Super. Ct. 1909).

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Opinion

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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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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Bluebook (online)

118 N.Y.S. 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/h-g-vogel-co-v-lockport-glass-co-nysupct-1909.

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