No. 186 | 2d Cir. | Feb 17, 1908
We think the district judge was correct in holding that the action was upon an account stated; his reasons for so holding being fully set out in the opinion. 155 F. 150" date_filed="1907-06-06" court="S.D.N.Y." case_name="Morse Dry Dock & Repair Co. v. Munson S. S. Line">155 Fed. 150. As the appeal has deprived the ap-pellee of the use of a large sum of money, a great part of which was coneed-edly due to it, we think the decree should be affirmed, with interest and costs, and 5 per cent, damages.