AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

CHARLES C. FENNO and Others, as Trustees in Bankruptcy of the Property, Assets and Effects of JAMES KEARNS, JR., Respondents, v. YONKERS NATIONAL BANK TRUST COMPANY, INC., Appellant, and Another, Defendant.

Judgment modified by deducting therefrom interest as computed from the 11th day of January, 1923, to the 31st day of January, 1928, and as so modified unanimously affirmed, without costs. We are of opinion that the court erroneously allowed interest computed from the date of the preferential assignment, viz., January 11, 1923. Interest should be computed from the date of demand. Lacking such demand, interest may be computed from the commencement of the action, January 31, 1928. ( White Co. v. Wells, 42 F. [2d] 460; Ullman v. Sobel, Inc., 47 id. 612; Elliotte v. American Sav. Bank Trust Co., 18 id. 460; Kaufman v. Tredway, 195 U.S. 271.) Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made.

Use AI to get other relevant cases.

Comments

FENNO v. YONKERS NATIONAL BANK TRUST CO., INC
(Jul 1, 1933)