Hyperlawhypertext legal database Atlantic Bldg. Supply Co. v. Vulcanite Portland Cement Co. 122 N.Y.S. 28

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Atlantic Bldg. Supply Co. v. Vulcanite Portland Cement Co.

122 N.Y.S. 28 Court N.Y. App. Div. Decision date 1910-03-24 English

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p. 28
ATLANTIC BLDG. SUPPLY CO. v. VULCANITE PORTLAND CEMENT CO.
(Supreme Court, Appellate Division, First Department.
March 24, 1910.)

Headnote

Appeal and Error (§ 1174[1] )—Reversal—Reduction op Judgment.
Improperly included interest in a judgment for plaintiff held ground for reversing the judgment and granting a new trial, unless plaintiff stipulates to deduct the interest from the amount of the judgment.
[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. § 4525; Dec. Dig. § 1174.[1] ]
Laughlin, J., dissenting.
Appeal from Trial Term, New York County.
Action by the Atlantic Building Supply Company against the Vulcanite Portland Cement Company. Judgment for plaintiff, and defendant appeals.
Judgment reversed, and a new trial ordered, unless-plaintiff stipulates to reduce the judgment.
p. 29
Argued before INGRAHAM, P. J., and LAUGHLIN, CLARKE, SCOTT, and MILLER, JJ.
William F. Upson, for appellant.
Edward D. O’Brien, for respondent.

The judgment and order should be reversed, and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulate to reduce the judgment as entered by-deducting therefrom the amount of interest, so as to make the verdict the sum of $1,943.68, in which event the judgment, as so modified, and the order appealed from, should be affirmed, without costs.

LAUGHLIN, J., dissents, and votes to reverse the judgment and order a new trial.