Fairlie v. Lowson
5 Cow. 424 | N.Y. Sup. Ct. | 1826
The taxing officer was right in both particulars, In case of an action on a bond, other than for the payment °f money; (and indeed where it is for the payment of money except where it is met by a set off, in which case the J r J ’
Interest is not allowable where it will swell the recovery to, or, in effect, compel the defendants to pay, in the whole, an amount beyond the penalty of a bond, especially against a surety. (Clark v. Bush, 3 Cowen, 151.)
Taxation affirmed.