New York Court of Appeals, 1917

Barcalo Manufacturing Company v. . Maldonado Company

Barcalo Manufacturing Company v. . Maldonado Company
New York Court of Appeals · Decided May 15, 1917 · <italic>Per Curiam</italic>.
116 N.E. 345; 221 N.Y. 499; 1917 N.Y. LEXIS 1347 (North Eastern Reporter)

Barcalo Manufacturing Company v. . Maldonado Company

Opinion of the Court

Per Curiam.

The referee has made inconsistent findings. He has found that $910.36 represents the plaintiff’ net invoice value of the goods sold from the first consignment and has credited the plaintiff with that amount. *500 By defendant’s ninth request to find, he determined the amount to be $773.60. The defendant, appellant, is entitled to this difference of $136.76, with interest thereon from August 8, 1907, to May 5, 1913, which is $47.18, making a total of $183.94. (Hazard v. Wight, 201 N. Y. 399; Whalen v. Stuart, 194 N. Y. 495, 502.)

The judgment should be modified by deducting the sum of $183.94, and as so modified affirmed, without costs.

Hiscock, Ch. J., Collin, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ. concur.

Judgment accordingly.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.