Aluminum Cooking Utensil Co. v. United States

Court of Claims

Aluminum Cooking Utensil Co. v. United States

90 Ct. Cl. 187, 1940 U.S. Ct. Cl. LEXIS 133, 1940 WL 4048

CourtUnited States Court of Claims

DecidedJanuary 8, 1940

DocketNo. 42621

StatusPublished

Cited by1 cases

This text of 90 Ct. Cl. 187 (Aluminum Cooking Utensil Co. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Aluminum Cooking Utensil Co. v. United States, 90 Ct. Cl. 187, 1940 U.S. Ct. Cl. LEXIS 133, 1940 WL 4048 (cc 1940).

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Opinion

Williams, Judge,

delivered the opinion of the court:

The facts are fully disclosed and set out in our Findings and need not be restated. The defendant concedes that the plaintiff is entitled to recover the principal sum claimed in suit, $842.18.

It was determined in Aluminum Company of America v. United States, 87 C. Cls. 96, that that company was not indebted to the United States in the amount pleaded in a counterclaim therein, or in any amount whatever, but that the United States on the contrary was indebted to the plaintiff therein, the Aluminum Company of America. Therefore the withholding of the amounts admittedly due plaintiff in this case to offset the nonexisting but alleged indebtedness of the Aluminum Company of America to th& defendant was wrongful and entitles the plaintiff, under the provisions of the act of March 3, 1875, as amended by the act of March 3, 1933 (47 Stat. 1489), to interest at the' rate of 6 percent from the date of such wrongful withholding to March 3, 1933, which has been stipulated by the-parties to be $232.19.

Plaintiff is therefore entitled to recover the sum of $1,074.37 and judgment in that amount is hereby awarded. It is so ordered.

Littleton, Judge; Gkeen, Judge; and Whaley, Chief Justice, concur. Whitaker, Judge, took no part in the decision of this, case.

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Williams, Judge,

delivered the opinion of the court:

The facts are fully disclosed and set out in our Findings and need not be restated. The defendant concedes that the plaintiff is entitled to recover the principal sum claimed in suit, $842.18.

It was determined in Aluminum Company of America v. United States, 87 C. Cls. 96, that that company was not indebted to the United States in the amount pleaded in a counterclaim therein, or in any amount whatever, but that the United States on the contrary was indebted to the plaintiff therein, the Aluminum Company of America. Therefore the withholding of the amounts admittedly due plaintiff in this case to offset the nonexisting but alleged indebtedness of the Aluminum Company of America to th& defendant was wrongful and entitles the plaintiff, under the provisions of the act of March 3, 1875, as amended by the act of March 3, 1933 (47 Stat. 1489), to interest at the' rate of 6 percent from the date of such wrongful withholding to March 3, 1933, which has been stipulated by the-parties to be $232.19.

Plaintiff is therefore entitled to recover the sum of $1,074.37 and judgment in that amount is hereby awarded. It is so ordered.

Littleton, Judge; Gkeen, Judge; and Whaley, Chief Justice, concur. Whitaker, Judge, took no part in the decision of this, case.

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90 Ct. Cl. 187, 1940 U.S. Ct. Cl. LEXIS 133, 1940 WL 4048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aluminum-cooking-utensil-co-v-united-states-cc-1940.

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