¶1 reads for modifying judgment by deducting from the recovery interest upon $2,500, from February, 1875, to March 25, 1884, and, as modified, judgment affirmed, with costs to plaintiff.
¶2 All concur.
¶3 Judgment accordingly.
127 N.Y. 655
27 N.E 254
Decided June 2, 1891
New York Court of Appeals · decided 1891-06-02
This action was brought to annul, for alleged fraud, an agreement between the parties as to the disposition of partnership assets and for an accounting. The trial court found the fraud as alleged, and the only questions here, save as to the allowance of interest, were as to whether there was evidence to sustain the finding, and as to whether plaintiff had lost by delay the right to rescind, both of which were determined in favor of plaintiff.
Decided 1891-06-02