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Bushby v. Berkeley

145 N.Y.S. 1115 Court N.Y. App. Div. Decision date 1914-01-30 English

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p. 1115
BUSHBY v. BERKELEY.
(Supreme Court, Appellate Division, First Department.
January 30, 1914.)

Headnote

Appeal from Judgment on Report of Referee. Action by James C. Bushby against Lancelot M. Berkeley. From a judgment sustaining exceptions to the report of a referee, plaintiff appeals. Modified and affirmed. See, also, 144 N. Y. Supp. 1107 . Max D. Steuer, of New York City, for appellant. L. M. Berkeley, of New York City, pro se.

The order appealed from is affirmed, with $10 costs. The final judgment should be modified, by reversing the judgment, so far as it sustains the objections to the referee’s report, which allowed interest to the plaintiff upon the amounts due from the defendant to the plaintiff, and by confirming the referee’s report, allowing such interest to the amount of $1,319.70, and said judgment, as so modified, is affirmed, without costs to either party in this court.