Fitzgerald v. Caldwell

2 U.S. 215, 2 Dall. 215

Opinions

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 conduct 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 garnishee; and fraud can never be presumed. It is true, likewise, that no express authority was given for laying the attachments; but an implied authority appears in the correspondence that has been produced: And the defendant is not answerable for the event. I am, therefore, of opinion that; interest ought not to be allowed.

Snippen, Justice.

Evidence will often strike different minds in a different manner. It does not appear to me, that there was sufficient authority for instituting the foreign attachment; but, on the contrary, that it was done officiously, and at the instance of the garnishee himself. I should, consequently, think it just, on this occassion, to allow the claim of interest; but the majority of the Court will sanction a different decision.