Grammer v. Carroll

Decided November 15, 1833

Assumpsit for money had and received. R. G. Lanphier, Jr., having made a seal for the Supreme Court of the United States, of which court the defendant was clerk, and being indebted to the plaintiff, drew the following bill: Washington, October 11, 1831. Mr. Carroll, Clerk of the Supreme Court of the United States.

Decided 1833-11-15

¶1But the Court said, that in this Court, the jury had always been allowed to give damages for the non-performance of the contract; and that it was competent for them to make the interest the measure of their damages; and that interest may be recovered on money received to the plaintiff’s use, after demand and refusal to pay.

¶2Upon the plaintiff’s remitting the cost of protest, the Court refused to grant a new trial.