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59 Barb. 549

Woodv. Belden

New York Supreme Court

Decided April 3, 1871

New York Supreme Court · decided 1871-04-03

APPEAL by the defendant from a judgment entered on the verdict of a jury. This action was brought to recover for “ goods, wares and merchandise, carriages, wagons, sleighs and cutters,” and for “labor and services” rendered, and “materials furnished in making repairs on such vehicles, and disbursements paid thereon, and a carriage sold on commission, all reasonably worth $5154.15.” The complaint further alleges that there is now due and owing $2255.65, with interest.

Decided 1871-04-03

By the Court, Ingraham, P. J.

¶1The judge charged the jury that t 9 items relating to the landau were withdrawn from heir consideration, except as to the price agreed to be paid for it, and for repairs. Notwithstanding this, the jury allowed for it ón the alleged sale by the plaintiff on the defendant’s account. This was an error. The effect of it may have been to conclude the defendant as to any claim which he may have against the plaintiff for selling it contrary to orders limiting the price.

¶2We think, also, interest should only be charged on the account when rendered, and not on the various items from date.

¶3Judgment reversed, and new trial ordered.

¶4Ingraham, P. J., and Cardozo, Justice.]

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