Majority
p. 677Godfrey v. Moser.
Headnote
Interest —when not allowable.In an action by an attorney for services where the account had never been settled or balanced, held, that interest was not allowable. Reed v. Rens. Glass Co., 3 Cow. 393 ; Van Buren v. Van Gaasbeck, 4 id. 496 ; N. Y. & E. R. R. Co., 20 N. Y. 463 .
Appeal by defendant from a judgment in favor of plaintiff entered upon the report of a referee.
p. 678
The action was brought by John A. Godfrey against William Moser to recover for services as attorney.
Henry A. Gildersleve, for appellant.
B. W. Huntington, for respondent.
The only point of general importance passed upon in the opinion is sufficiently stated in the head-note.
Judgment reversed and new trial ordered.
Cases cited
- Reid v. President & Directors of the Rensselaer Glass Factory 3 Cow. 393 p. 677
- McMahon v. New York & Erie Railroad 20 N. Y. 463 p. 677