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Funkhouser v. J. B. Preston Co., Inc., 290 U.S. 163 (1933)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Funkhouser v. J. B. Preston Co., Inc., 290 U.S. 163 (1933)
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Funkhouser v. J. B. Preston Co., Inc. No. 72 Submitted November 9, 1933 Decided December 4, 1933 290 U.S. 163
APPEAL FROM THE SUPREME COURT OF NEW YORK
Syllabus
1. Section 480, New York Civil Practice Act, as amended, providing that interest shall be added to recoveries in actions for unliquidated damages caused by breach of contract, did not impair the obligation of an earlier contract which did not create an obligation not to demand such interest, either by its own terms or when read with the law applicable when it was made. P. 166.
2. The purpose of the statute was to supply a definite, uniform rule of compensation for delay in settling unliquidated damages in lieu of the uncertain rules previously developed by judicial decision. Provision of the enlarged remedy was consistent with the contract here involved and cannot be regarded as an unreasonable exercise of legislative power. Pp. 166-168.
3. Statutes supplying improved means for ascertaining the loss sustained through a breach of contract, to the end that the injured party may have full compensation, concern the procedure for enforcing the obligation of the contract. P. 167.
4. The mere fact that such procedural legislation is retroactive does not imply a lack of due process or bring it in conflict with the contract clause of the Federal Constitution. P. 167.
261 N.Y. 140, 184 N.E. 737, affirmed.
Appeal from a judgment entered on remittitur from the Court of Appeals of New York. It reversed that part of a judgment of the Appellate Division which disallowed interest on the verdict in an action for breach of contract.
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Chicago: U.S. Supreme Court, "Syllabus," Funkhouser v. J. B. Preston Co., Inc., 290 U.S. 163 (1933) in 290 U.S. 163 290 U.S. 164–290 U.S. 165. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=AFKZQPAKVT4IABG.
MLA: U.S. Supreme Court. "Syllabus." Funkhouser v. J. B. Preston Co., Inc., 290 U.S. 163 (1933), in 290 U.S. 163, pp. 290 U.S. 164–290 U.S. 165. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=AFKZQPAKVT4IABG.
Harvard: U.S. Supreme Court, 'Syllabus' in Funkhouser v. J. B. Preston Co., Inc., 290 U.S. 163 (1933). cited in 1933, 290 U.S. 163, pp.290 U.S. 164–290 U.S. 165. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=AFKZQPAKVT4IABG.
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