DAVENPORT v. WEBB


11 N.Y.2d 392 (1962)

James Davenport, as Administrator of The Estate of Pauline Davenport, Deceased, et al., Appellants, v. J. C. Webb, Sr., Doing Business under the Name of Webb's Transfer, et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 12, 1962.


Attorney(s) appearing for the Case

Bennett E. Aron, Samuel Pivar and Harry Zeitlan for appellants.

William L. Shumate for respondents.

Judges FULD, VAN VOORHIS, BURKE and FOSTER concur with Judge DYE; Chief Judge DESMOND concurs in a separate memorandum; Judge FROESSEL dissents in a separate opinion.


DYE, J.

Section 132 of our Decedent Estate Law provides that, "When final judgment for the plaintiff is rendered" in a wrongful death action, "the clerk must add to the sum so awarded, interest thereupon from the decedent's death, and include it in the judgment".

The issue presented on this appeal is whether that provision applies to an action brought in New York but based on a wrong committed elsewhere...

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