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79 U.S. 451

The Patapsco

Supreme Court of the United States

Decided December 1, 1870

Supreme Court of the United States · decided 1870-12

Boyce filed a libel in the District Court for the Southern District of New York, against the steamer Patapsco, claiming $1724. 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 $1982.

1 counsel of record

Key passage — most relied on by later courts

“and interest from the date of the report,”

quoted by 1 later decision, including New York Elevated Railroad v. Fifth National Bank

Good law ✅— No negative treatment on recordhow we know

Petition denied / appeal dismissed · 8–0 · Decided 1870-12

How this case has been cited

Cited by 15 later decisions (11 by the Supreme Court) — most recently January 1891

60187018801890decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Upon a decree in the Circuit Court for a sum less than $2000, “ with interest from a date named,” an appeal lies here under the statute which gives an appeal “where the sum in dispute . . . exceeds $2000,” provided that the sum for which the decree is given and the interest added to it together exceed $2080..

¶2Boyce filed a libel in the District Court for the Southern District of New York, against the steamer Patapsco, claiming $1724. 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 $1982. 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 $2200 and upwards.

¶3*452On this state of facts, Mr. Orville Horwitz, for the appellee*moved to dismiss, on the ground that the $2000 necessary to give this court jurisdiction did not exist, unless by adding interest to the amount claimed, or to that reported due.

¶4The statute, it will be remembered, gives an appeal “ where the sum in dispute, exclusive of costs, exceeds

¶5Mr. Donohue, contra.

¶7The CHIEF JUSTICE:

¶8The 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 $2000, and the motion must, therefore, be

¶9Denied.

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