Aluminum Cooking Utensil Co. v. United States
THE ALUMINUM COOKING UTENSIL COMPANY, A CORPORATION v. United States
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Williams, Judge,
delivered the opinion of the court:
The facts are fully disclosed and set out in our Findings and need not be restated. The defendant concedes that the plaintiff is entitled to recover the principal sum claimed in suit, $842.18.
It was determined in Aluminum Company of America v. United States, 87 C. Cls. 96 , that that company was not indebted to the United States in the amount pleaded in a counterclaim therein, or in any amount whatever, but that the United States on the contrary was indebted to the plaintiff therein, the Aluminum Company of America. Therefore the withholding of the amounts admittedly due plaintiff in this case to offset the nonexisting but alleged indebtedness of the Aluminum Company of America to th& defendant was wrongful and entitles the plaintiff, under the provisions of the act of March 3, 1875, as amended by the act of March 3, 1933 ( 47 Stat. 1489 ), to interest at the' rate of 6 percent from the date of such wrongful withholding to March 3, 1933, which has been stipulated by the-parties to be $232.19.
Plaintiff is therefore entitled to recover the sum of $1,074.37 and judgment in that amount is hereby awarded. It is so ordered.
Littleton, Judge; Gkeen, Judge; and Whaley, Chief Justice, concur. Whitaker, Judge, took no part in the decision of this, case.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
-
(withholding of amounts due plaintiff to offset nonexisting but alleged debt was wrongful and entitles plaintiff to interest at 6 percent from date of wrongful withholding)
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.