Prescott v. Parker
Massachusetts Supreme Judicial Court
A question arising in this case at the sittings before the Chief Justice, after the last October term at Cambridge, he reserved it for the decision of the whole Court; and, having consulted his brethren, he now reported the case, with their opinion, as follows: — Gilson having recovered judgment against Parker for a large sum of money,— as soon as, or not long after, the rendition of the judgment, the goods, effects, and credits, of Gilson were attached, in the hands of…
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A question arising in this case at the sittings before the Chief Justice, after the last October term at Cambridge, he reserved it for the decision of the whole Court; and, having consulted his brethren, he now reported the case, with their opinion, as follows: — Gilson having recovered judgment against Parker for a large sum of money,— as soon as, or not long after, the rendition of the judgment, the goods, effects, and credits, of Gilson were attached, in the hands of Parker as his trustee, at the suit of several of Gil-son’s creditors, the plaintiff’s attachment being made the last. Parker…
1Opinion of the Court
It is admitted that the judgment has been thus satisfied, unless Parker is liable by law to pay interest on that judgment until it was satisfied.
Interest is allowed m. an action of debt on judgment, as the *156measure of damages for unjustly detaining the debt. In this case, he was obliged by law to detain the debt from Gilson; and therefore he cannot be answerable to the attaching creditors for damages for the detention. Consequently Parker, having fully satisfied the judgment recovered by Gilson, had no effects of his in his hands for the benefit of the plaintiff, who, unfortunately, was, in…
2Cited by24 opinions
- Bridges v. SheldonUnited States Circuit Court · 1880
- Stephens v. Pennsylvania Casualty Co.Michigan Supreme Court · 1903
- Gager v. WatsonSupreme Court of Connecticut · 1836
- Crawford v. Executors of SimontonSupreme Court of Alabama · 1838
- Moscow Fire Insurance Co. of Moscow v. Heckscher & GottliebAppellate Division of the Supreme Court of the State of New York · 1940
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