Where it was alleged in a libel, that the libellant was
"entitled to recover from the vessel the damages by him sustained,
which amount to the sum of eighteen hundred dollars and upwards,"
the sum was not sufficient to bring the case within the
jurisdiction of this Court.
Interest, not being specially claimed, cannot be computed, for
it is considered as a part of the damages, being merged in that
claim, and is not estimated as a distinct item.
A libel was filed in the district court by Olney, alleging the
shipment and nondelivery of a box of merchandise, in consequence of
which he was entitled to recover the damages by him sustained,
which amounted to the sum of eighteen hundred dollars and
upwards.
The district court dismissed the libel, and the circuit court
affirmed the decree. The libellant appealed to this Court.
Page 58 U. S. 21
MR. JUSTICE McLEAN delivered the opinion of the Court.
A motion is made by defendants' counsel to dismiss the appeal,
for want of jurisdiction.
Page 58 U. S. 22
In the libel, the shipment of a box of merchandise, which was
not delivered to the consignee &c., is alleged, and that "the
libellant is entitled to recover of said vessel the damages by him
sustained, which amount to the sum of eighteen hundred dollars and
upwards," &c.
The district court dismissed the libel, from which decision an
appeal was taken to the circuit court, and that court affirmed the
decision of the district court. From this last decision an appeal
has been taken to this Court.
On the part of the appellant it is stated that the claim was for
eighteen hundred dollars and upwards, besides the interest; that,
on the hearing, the libellant claimed the said principal and
interest, amounting to two thousand two hundred and fifty dollars,
and that he was entitled to recover, on his proofs and allegations,
that sum. That this was the claim at the time of the appeal, and
that another year's interest has since accrued. And it is contended
that the sum sworn to, being eighteen hundred dollars and upwards,
was intended to cover the accruing interest.
The right of appeal from the circuit to the Supreme Court is
given "where the matter in dispute exceeds the sum or value of two
thousand dollars, exclusive of costs." The defendant can appeal
where the judgment or decree against him exceeds the sum or value
of two thousand dollars, but an appeal may be taken by the
plaintiff where his claim of damages, in the declaration or libel,
exceeds the above sum, or where the value of the thing claimed
exceeds it, as this is held to be the matter in dispute.
The appellant in this case claims in his libel, which is sworn
to, eighteen hundred dollars and upwards. The words "and upwards,"
it is said, were intended to embrace the interest, and that if this
be calculated from the time of filing the libel up to the time of
the trial, the sum would exceed two thousand dollars.
The interest, in an action of this kind, if taken into view, is
considered as a part of the damages, being merged in that claim,
and is not estimated as a distinct item. The claim of more than
eighteen hundred dollars, is too indefinite to give jurisdiction
under the act of Congress, and the interest not being specially
claimed, for the reason stated, cannot be computed. The appeal is
therefore dismissed, for want of jurisdiction.
Gordon
v. Ogden, 3 Pet. 34;
Scott v.
Lunt's Administrator, 6 Pet. 349.
Order
This cause came on to be heard, on the transcript of the record,
from the Circuit Court of the United States for the Southern
District of New York, and was argued by counsel. On consideration
whereof, it is now here ordered and adjudged by this Court that
this cause be, and the same is hereby
Dismissed for the want of jurisdiction.