16 N.Y.S. 524 | New York Court of Common Pleas | 1891
On the trial of this action defendants contended that under-the agreement for the breach of which this action was brought plaintiff’s recovery should be limited to $10, the amount of wharfage incurred by his boat for the use of the wharf at Gowanus creek, with the legal interest on that, amount. Seasonable requests were made that the jury be so instructed, which were refused, and the exceptions to these refusals present the main question, addressed to us for review. An examination of the briefs of counsel for the-respective parties to this appeal shows that they are at variance as to the terms of the agreement. Defendants insist that the amount of wharfage was-payable from them to the plaintiff, and plaintiff contends that it was paya
It is elementary that the breach of the debtor’s promise to pay a sum of money entitles the creditor to whom it was payable to no greater recovery than the principal of the debt, with interest at the legal rate from the time the principal became payable, the legal interest comprising the full measure of the creditor’s damage for the detention of the debt. “Ho matter [2 Whart.