Devlin v. Mayor of New York

Daniels, J.,

(concurring.) The plaintiff had no right to receive the award until the incumbrances on her property were discharged. Then for the first time the money was due to her, and then it was paid. There being no default in payment on the part of the city, the plaintiff was not entitled to interest. For this reason, also, I agree to the reversal of the judgment, and the direction for a new trial.