Page:Federal Reporter, 1st Series, Volume 3.djvu/204

 albion lbad wobks v. oitizbns' inb. 00. 187 �Albion Lead Works v. Citizens* Insueanob Ooupakt. �Bamb V. Lancashirb Insubancb Company. �Samb ». Hdmboldt Instjbanob Company. �Same V. Home Insubanoe Company. �Bame V. Standard Insurance Company. �Same v. Union Marine Insurance Company, �(Oircmt Court, D. Matsachutetit. July 24, 1880.) �1. Interkst— Damages— TRuerBH Peocbss. — In Massachusetts the inter» vention of a trustee process will not relieve the defendants from the assessment of Interest as damages, where judgment was eatered on the debt, after a defence on the merits, during the continuance of th» attachment, and no application had been made to continue the action for judgment until the trustee process was disposed of, �LowBLL, C. J. In these cases the defendants agreed to abide the result of the action against the Williamsburg City Fire Insurance Company, in which judgment bas now been entered upon the verdict for the plaintiffs. The only question re- maining open is whether interest is to be computed upon the amount due in each case, after the expiration of 60 days from the notice and proof of loss. It seems that after these actions were brought the defendants were severally summoned as trustees of the plaintiËf corporation in one or more actions in the state courts. Those actions have been disposed of ia Bome way and are not now pending, and there are no exist- ing attachments upon the debts due from the defendants. �I had occasion to notice in Greenish v. Standard Sugar Refinery, 2 Lowell, 553, that in Massachusetts, if interest ia not due upon a debt by the terms of the contraet creating it, but is assessed as damages, the courts do not assesa it during the time that payment bas been delayed by a trustee process. The theory is that the defendant is not in default during that period, for that it may well be presumed that he would bave ����