Fitzgerald v. Caldwell
Supreme Court of the United States
THIS suit was instituted by the plaintiff, for the use of Moore & Johnson against Andrew Caldwell, the surviving partner of Andrew and James Caldwell. Vance, Caldwell, and Vance, had assigned to Moore & Johnson, a debt due to them from Andrew, and James Caldwell, and those assignees employed the plaintiff as their agent to recover the amount.
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THIS suit was instituted by the plaintiff, for the use of Moore & Johnson against Andrew Caldwell, the surviving partner of Andrew and James Caldwell. Vance, Caldwell, and Vance, had assigned to Moore & Johnson, a debt due to them from Andrew, and James Caldwell, and those assignees employed the plaintiff as their agent to recover the amount. The defendant, accordingly, gave Fitzgerald a note dated the 8th of April, 1782, for £5009 5 1, "provided so much appeared due to Vance & Co. on a settlement of accounts.” The matter in dispute was agreed to be referred; and the referees reported that…
1Opinion of the Court
M'Kean, Chief Justice.
It is clearly the general rule that a garnishee is not liable for interest, while he is restrained from the payment of his debt, by the legal operation of a foreign attachment. But it is said by the plaintiff’s Counsel, and I assent to the proposition, that if there is any fraud, or collusion; nay, if there is any unreasonable delay occasioned by the con*216duct of the garnishee himself, such cases will form exceptions to the general rule. In the present instance, however, there is no proof of fraud, or collusion; nor of any wilful procrastination on the part of the…
2Cited by10 opinions
- Mackey v. HodgsonSupreme Court of Pennsylvania · 1848
- Jackson's Executors v. LloydSupreme Court of Pennsylvania · 1862
- President, Directors of Oriental Bank v. Tremont InsuranceMassachusetts Supreme Judicial Court · 1842
- Blair & Hunt v. PorterNew Jersey Court of Chancery · 1861
- Chase v. ManhardtHigh Court of Chancery of Maryland · 1821
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