Rosenstein v. Tarr
U.S. Circuit Court for the District of Massachusetts
At Law. This ás an action of contract upon a bond. The facts, as agreed upon, were; ini substance,'as follows: -A suit in equity had been brought by the plaintiffs in' this suit against Joseph J. Burns and Robert Tarr, one of the defendants, to wind up a partnership. A receiver had been appointed, and lie had paid into the registry of the court a large sum of money, to await the disposal of the suit.
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At Law. This ás an action of contract upon a bond. The facts, as agreed upon, were; ini substance,'as follows: -A suit in equity had been brought by the plaintiffs in' this suit against Joseph J. Burns and Robert Tarr, one of the defendants, to wind up a partnership. A receiver had been appointed, and lie had paid into the registry of the court a large sum of money, to await the disposal of the suit. On May 6, 1886, it was decreed that the amount in said registry be paid over to the plaintiffs, and it was further decreed that the said defendants pay to said plaintiffs §1,079.14, together with…
1Opinion of the Court
Putnam, Circuit Judge.
There is no doubt that a supersedeas bond, conditioned according to the statute for prosecuting an appeal with effect and answering all damages and costs, covers not merely compensation for the delay arising from the appeal, but also the amount of the decree appealed from, so far as the latter .directs the payment of money by the appellant to the appellee. Catlett v. Brodie, 9 Wheat. 553; Jerome v. McCarter, 21 Wall. 17.
It appears that there has been no judgment nor decree, by either tribunal, directing payment of any interest, or other damages for delay, with reference…
2Cases cited11 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1878
- In Re Washington & Georgetown RailroadSupreme Court of the United States · 1891
- Pana v. BowlerSupreme Court of the United States · 1883
- Coghlan v. South Carolina RailroadSupreme Court of the United States · 1891
- Catlett v. BrodieSupreme Court of the United States · 1824
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Martin v. ClarkeCourt of Appeals for the Seventh Circuit · 1939
- Fidelity & Deposit Co. v. DavisCourt of Appeals for the Fourth Circuit · 1942
- John Hancock Mut. Life Ins. v. HurleyCourt of Appeals for the First Circuit · 1945
- American Surety Co. of New York v. North Packing & Provision Co.Court of Appeals for the First Circuit · 1910
- Spruks v. United States Fidelity & Guaranty Co.Court of Appeals for the Third Circuit · 1943
3 more not listed; retrieve them via the Exa API.