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· 1/21/1884

Redfield v. Ystalyfera Iron Co.

Citations

  • 110 U.S. 174
  • 3 S. Ct. 570
  • 28 L. Ed. 109
  • 1884 U.S. LEXIS 1670

Syllabus

<p>Damages — Error—Interest—Laches—Practice.</p> <p>1. A verdict was taken, subject to the opinion of the court, upon a case to be made, with liberty to either party to turn the ease into a bill of exceptions. A case was made setting forth the' entire' evidence at the trial, but it was not made an agreed statement of facts, nor were exceptions taken, nor was any finding of facts made: Held, That there was no basis for the assignment of errors.</p> <p>.2. A plaintiff obtained a verdict against the United States in the court below, subject to the opinion of the court on a case to be made, and then rested nearly thirty years before entry of judgment: Held, That under these ■ circumstances interest should run only from the entry of the judgment.</p> <p>3. Interest is recoverable of right when it is reserved in the contract; but when it is given as damages, it is .within the discretion of the court to allow or disallow it, and it will not be allowed if the plaintiff has been guilty of laches in unreasonably delaying the prosecution of his claim.</p>

Judges: Matthews

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