The Patapsco, 79 U.S. 451 (1870)

U.S. Supreme Court

The Patapsco, 79 U.S. 12 Wall. 451 451 (1870) The Patapsco

79 U.S. (12 Wall.) 451

MOTION TO DISMISS

Syllabus

Upon a decree in the circuit court for a sum less than $2,000, "with interest from a date named," an appeal lies here under the statute which gives an appeal "where the sum in dispute . . . exceeds $2,000," provided that the sum for which the decree is given and the interest added to it together exceed $2,000.

Boyce filed a libel in the District Court for the Southern District of New York against the steamer Patapsco, claiming $1,724. That court dismissed the libel, but, on appeal, the circuit court reversed the decree and sent the case to a master, to report the amount due. The master, on the 15th July, 1868, reported $1,982. The circuit court confirmed the report, and on the 11th February, 1870, decreed in favor of the libellant for the amount reported, with interest from the date of the report. Adding the one year, six months, and twenty-six days' interest to the amount given by the report the sum was $2,200 and upwards.

Page 79 U. S. 452

THE CHIEF JUSTICE:

The decree of the circuit court was for the amount reported due the libellant on the 15th July, 1868, $1982, and interest from the date of the report. We think that interest to the date of the decree must be computed as a part of the sum for which the decree was rendered. The sum thus computed exceeds $2,000, and the motion must therefore be

Denied.