130 N.Y.S. 439 | N.Y. App. Div. | 1911
The facts are. very similar to Saratoga Trap Rock Co. v. Standard Accident Ins. Co. (143 App. Div. 852). In that case we held, by a divided court, that where the judgment against the assured was for just $5,000, and under the terms of a policy the insurance company appealed, the insurer was not lia-, ble for interest -upon the judgment during the pendency of the appeal. That case settles the question of interest adversely to the appellants;
J udgment and order reversed and a new trial granted, with costs to appellants to abide event.