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FITZGERALD v. CALDWELL

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2 U.S. 215 (1793)

2 Dall. 215

FITZGERALD, versus CALDWELL.

Supreme Court of Pennsylvania.

April 1, 1793.

Attorney(s) appearing for the Case

On the 9th of April 1793, the defendant's Counsel (Serjeant, Ingersoll, and M`Kean) moved to stay further proceedings, upon payment of the principal sum sound due by the referees, and costs. The motion was opposed by Tilghman, Wilcocks, and Lewis for the plaintiff; who contended, that under the circumstances of this case, interest ought to be allowed.

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; say, if there is any unreasonable delay occasioned by the conduct of the garnishee himself, such cases will form...

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