From Casetext: Smarter Legal Research

Reese v. Rutherfurd

Court of Appeals of the State of New York
Oct 24, 1882
90 N.Y. 644 (N.Y. 1882)

Summary

In Reese v. Rutherford, supra, it is said, in effect, that the right to recover as damages interest at the rate in force at the time of the default down to the time when the legal rate is changed is in the nature of a vested right, of which the plaintiff cannot be deprived by retroactive legislation...

Summary of this case from Gregory v. State of California

Opinion

Argued October 11, 1882

Decided October 24, 1882

George H. Forster for appellant.

Hugh L. Cole for respondent.


EARL, J., reads for affirmance, with costs.

All concur, except RAPALLO, J., absent.

Judgment affirmed.


Summaries of

Reese v. Rutherfurd

Court of Appeals of the State of New York
Oct 24, 1882
90 N.Y. 644 (N.Y. 1882)

In Reese v. Rutherford, supra, it is said, in effect, that the right to recover as damages interest at the rate in force at the time of the default down to the time when the legal rate is changed is in the nature of a vested right, of which the plaintiff cannot be deprived by retroactive legislation...

Summary of this case from Gregory v. State of California
Case details for

Reese v. Rutherfurd

Case Details

Full title:JOHN FISHER REESE et al., Respondents, v . JOHN A. RUTHERFURD, Appellant

Court:Court of Appeals of the State of New York

Date published: Oct 24, 1882

Citations

90 N.Y. 644 (N.Y. 1882)

Citing Cases

People ex Rel. Emigrant Ind. Sav. Bank v. Sexton

Thus, the rate of interest should be that current in the periods during which the delay in payment has…

People Atlantic Gulf Pacific Co. v. Miller

Interest was allowed at the rate of seven per cent from the time payment was due up to January 1, 1880, and…