United States v. Hills
U.S. Circuit Court for the District of Massachusetts
[In error to the district court of the United States for the district of Massachusetts.] This was an action of contract brought by the United States against [Frederick C.' Hills and others] certain signers on an official bond of a paymaster in the United States navy, and conditioned for the faithful performance of liis duties as such officer. The bond was for 85,000.
1Opinion of the Court
CLIFFORD, Circuit Justice.
Sureties, if answerable at all for interest beyond the amount of the penalty of the bond given by their principal, can only be held for such an amount as accrued from their own default in unjustly withholding payment after being notified of the default of the principal. Lyon v. Clark, 8 N. Y. 155; Wilde v. Clarkson, 6 Term R. 304. When allowed, it is upon the ground that a debt which is due, and the payment of which is wrongfully delayed, should carry interest. The Northumbria, L. E. 3 Adm. & Ecc. 11. Interest from the date of the writ may be allowed, and for no…
2Cases cited10 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- The" Wanata"Supreme Court of the United States · 1877
- Mower v. KipNew York Court of Chancery · 1836
- Clark v. BushNew York Supreme Court · 1824
- Lyon v. . ClarkNew York Court of Appeals · 1853
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- State v. McFetridgeWisconsin Supreme Court · 1893
- The United States v. Dr. George Reul, and St. Paul Fire and Marine Insurance CompanyCourt of Appeals for the Federal Circuit · 1992
- Insurance Company of North America v. The United StatesCourt of Appeals for the Federal Circuit · 1991
- Clark County v. HowardSouth Dakota Supreme Court · 1931
5 more not listed; retrieve them via the Exa API.