Page:Federal Reporter, 1st Series, Volume 7.djvu/52

 40 FEBBBAL BEPOBTEB. �remain in their hands, after paying themselves, as soon after final settlement with and payment by the govemment as reasonably might be. Such settlement was had, and pay- mejit to the defendants made, in May or June, 1877. This is as deiinite as the report fixes the date. Thereafter efforts were made by the parties to close up the business between themselves. While these attempts at settlement were in progress, trustee processes were commenced against the ora- tor in the state courts, demanding damages in all to the ampunt of $24,000, with costs, two of which were served July 13th, and a third October 9, 1877, by attaehing the goods, effects, and credits of the orator in the hands of the defendants, which were pending at the time of hearing. The facts as to these trustee processes appear from the concession of counsel in open court and from the answer of the defend- ants. This suit was brought March 23, 1878. The question is whether the defendants, under these circumstances, are chargeable with interest on the funds in their hands, and, if 50, to what extent. �There was no provision in the contract between the parties that the defendants should pay interest to the orator. The money in their hands belonging to him did not of itself con- stitute an interest-bearing debt. It would become such only upon their agreement to pay interest for its forbearance, or upon a detention of it, which was wrongful. No agreement to pay for forbearance or request to forbear, from which such agreement might be implied, appears. They have not paid the money, but have detained it. If the detention was wrong- ful, they are chargeable with interest ; if justifiable, not. The money was attached in the state court, and this court could not interfere with that attachment. The proceeding in the state court, commenced before this suit was, must be respected. Taylor v. Carryl, 20 How. 583. The pendency of the trustee process would not prevent a suit by the orator to have the amount of his claim ascertained and adjusted. Gen. St. Vt. 312, § 41; Spicer v. Spicer, 23 Vt. 678; Jones v. Wood, 30 Vt. 268. This court has concurrent jurisdiction with the state court of such a suit on account of the citizenship of the ��� �