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Newell v. Griswold

6 Johns. 45 Court N.Y. Sup. Ct. English

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p. 45
Newell against Griswold.
NEW-YORK
May, 1810.

Headnote

No interest can be recovered on an open,running partics^^and „o “cimmstmoes from wh!<=il an agreement to allow interest can be inferred,
THIS was an action of assumpsit, for goods sold and „ ... . r „ delivered. Plea non assumpsit with notice ol set-oft. There were mutual accounts between the parties, consisting of various items, on which there was a balance due to the plaintiff: but there was no account stated, or balance r ’ struck. The only question was. whether the plaintiff was J * r entitled to interest.

Here was an open, running account, unliquidated between the parties, and no balance struck. There is nothing in the course of dealing between them from which an intent or agreement to allow interest, can be inferred. It is, therefore, not a case of interest. (Camp. N. P. Rep. 50.)

Motion denied.