Barcalo Manufacturing Company v. . Maldonado Company

Per Curiam. The referee has made inconsistent findings. He has found that $910.36 represents the plaintiff’ net invoice value of the goods sold from the first consignment and has credited the plaintiff with that amount. *500 By defendant’s ninth request to find, he determined the amount to be $773.60. The defendant, appellant, is entitled to this difference of $136.76, with interest thereon from August 8, 1907, to May 5, 1913, which is $47.18, making a total of $183.94. (Hazard v. Wight, 201 N. Y. 399; Whalen v. Stuart, 194 N. Y. 495, 502.) The judgment should be modified by deducting the sum of $183.94, and as so modified affirmed, without costs. Hiscock, Ch. J., Collin, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ. concur. Judgment accordingly.