Funkhouser v. Preston Co
Decision Date | 04 December 1933 |
Docket Number | No. 72,72 |
Citation | 290 U.S. 163,78 L.Ed. 243,54 S.Ct. 134 |
Parties | FUNKHOUSER et al. v. J. B. PRESTON CO., Inc |
Court | U.S. Supreme Court |
[Syllabus from 164 intentionally omitted] Appeal from the Court of Appeals of the State of New York.
Mr. George Link, Jr., of New York City, for appellants.
Mr. Jeremiah A. O'Leary, of New York City, for appellee.
Section 480 of the Civil Practice Act of New York, chapter 623 of the Laws of 1927, provides for the allowance of interest on the principal sum awarded by verdict, report, or decision for breach of contract whether the principal sum so awarded was 'theretofore liquidated or unliquidated.'1
This action was brought for breach of a contract, made in 1923, for the sale by appellee to appellants of red slate granules to be delivered in agreed quantities in that year and in the three years following. The trial, in 1930, resulted in a verdict for appellee, to the amount of which interest was added pursuant to the statute. On appeal, the Appellate Division struck out the allowance of interest as not permissible with respect to a claim arising before the statute was enacted. 235 App.Div. 200, 256 N.Y.S. 681. The Court of Appeals entertained the question presented under the contract clause of the Federal Constitution (art. 1, § 10) and decided that the allowance of interest did not impair the obligation of the contract. 261 N.Y. 140, 184 N.E. 737, 739. The court directed that the item of interest be restored, and from the judgment entered accordingly this appeal is taken.
The claim in suit was admittedly for unliquidated damages. There was no provision in the contract with respect to the recovery of interest in case of breach, that is, either for or against such recovery. Thus, the terms of the contract did not in themselves, and apart from the applicable law, create an obligation not to demand interest. The opinion of the Court of Appeals shows that at the time of the making of the contract the law of New York was not clear and certain as to the allowance of interest, citing White v. Miller, 78 N.Y. 393, 397, 34 Am.Rep. 544; Faber v. New York, 222 N.Y. 255, 262, 118 N.E. 609, 610; Blackwell v. Finlay, 233 N.Y. 361, 135 N.E. 600; Prager v. N. J. Fidelity & Plate Glass Ins. Co., 245 N.Y. 1, 7, 156 N.E. 76, 52 A.L.R. 193. The court quoted the statement made in the year 1918 in Faber v. New York, supra, as follows:
'This,' said the court in the instant case, 'was the somewhat vague and indefinite law of the state of New York' at the time the parties entered into their contract. The court added that
While it is the duty of this Court, where the contract clause is invoked, to determine for itself what the contract is and whether it has been impaired, 2 we find nothing requiring us to reach a conclusion different from that of the Court of Appeals. The statute in question concrns the remedy and does not disturb the obligations of the contract. Sturges v. Crowninshield, 4 Wheat. 122, 200, 4 L.Ed. 539; League v. Texas, 184 U.S. 156, 158, 22 S.Ct. 475, 46 L.Ed. 478; Waggoner v. Flack, 188 U.S. 595, 601 603, 23 S.Ct. 345, 348, 47 L.Ed. 609; Bernheimer v. Converse, 206 U.S. 516, 530, 27 S.Ct. 755, 51 L.Ed. 1163; Henley v. Myers, 215 U.S. 373, 385, 30 S.Ct. 148, 54 L.Ed. 240. Compare Shriver v. Woodbine Bank, 285 U.S. 467, 474, 52 S.Ct. 430, 76 L.Ed. 884. The contractual obligation of appellants was to take and pay for the described articles, and the law, in force when the contract was made, required that in case of breach appellants should make good the loss sustained by the appellee. The ascertainment of that loss, and of what would constitute full compensation, was a matter of procedure within the range of due process in the enforcement of the contract. 'To enact laws providing remedies for a violation of contracts' and 'to alter or enlarge those remedies from time to time,' was within the competency of the Legislature. Waggoner v. Flack, supra. The mere fact that such legislation is retroactive does not bring it into conflict with the guarantees of the Federal Constitution (League v. Texas, supra, page 161 of 184 U.S., 22 S.Ct. 475), and when the action of the Legislature is directed to the enforcement of the obligations assumed by the parties and to the giving of suitable relief for nonperformance, it cannot be said that the obligations of the contract have been impaired. The parties make their contract with reference to the existence of the power of the state to provide remedies for enforcement and to secure adequate redress in case of breach. Henley v. Myers, su...
To continue reading
Request your trial-
Pension Benefit Guaranty Corporation v. Gray Company Pension Trust Fund v. Gray Company
...742, 68 S.Ct. 1294, 92 L.Ed. 1694 (1948); Welch v. Henry, 305 U.S. 134, 59 S.Ct. 121, 83 L.Ed. 87 (1938); Funkhouser v. Preston Co., 290 U.S. 163, 54 S.Ct. 134, 78 L.Ed. 243 (1933)." Id., at 15-16, 96 S.Ct., at 2892-2893 (footnotes omitted). To be sure, we went on to recognize that retroact......
-
Usery v. Turner Elkhorn Mining Company Turner Elkhorn Mining Company v. Usery
...742, 68 S.Ct. 1294, 92 L.Ed. 1694 (1948); Welch v. Henry, 305 U.S. 134, 59 S.Ct. 121, 83 L.Ed. 87 (1938); Funkhouser v. Preston Co., 290 U.S. 163, 54 S.Ct. 134, 78 L.Ed. 243 (1933). It does not follow, however, that what Congress can legislate prospectively it can legislate The retrospectiv......
-
New York Rapid Transit Corporation v. City of New York Brooklyn Queens Transit Corporation v. Same
...its execution. Appleby v. City of New York, 271 U.S. 364, 379, 380, 46 S.Ct. 569, 573, 70 L.Ed. 992; Funkhouser v. J. B. Preston Co., 290 U.S. 163, 167, 54 S.Ct. 134, 135, 78 L.Ed. 243; Violet Trapping Co. v. Grace, 297 U.S. 119, 120, 56 S.Ct. 386, 80 L.Ed. 518. But of course in so doing we......
-
Concrete Pipe and Products of California, Inc v. Construction Laborers Pension Trust For Southern California
...[68 S.Ct. 1294, 92 L.Ed. 1694] (1948); Welch v. Henry, 305 U.S. 134 [59 S.Ct. 121, 83 L.Ed. 87] (1938); Funkhouser v. Preston Co., 290 U.S. 163 [54 S.Ct. 134, 78 L.Ed. 243] (1933).' " Gray, 467 U.S., at 729-730, 104 S.Ct., at 2718, quoting Turner Elkhorn, supra, 428 U.S., at 15-16, 96 S.Ct.......
-
Full Compensation, Not Overcompensation: Rethinking Prejudgment Interest Offsets in Washington
...461 U.S. 648, 655-56 (1983) (prejudgment interest is necessary to put plaintiff in rightful position); Funk-houser v. J.B. Preston Co., 290 U.S. 163, 168 (1933) (finding that the injured party has suffered a loss which may be regarded as not fully compensated "if he is confined to the amoun......