Court of Claims, 1922

Hutchison v. United States

Hutchison v. United States
Court of Claims · Decided October 16, 1922
57 Ct. Cl. 517; 1922 U.S. Ct. Cl. LEXIS 330; 1922 WL 1856

Counsel

Mr. WilMam B. King for the plaintiff. King <& King and Mr. Cornelius H. Bull were on the briefs., Messrs. Frank B. Crosthwaite and H. H. Martin, with whom was Mr. Assistant Attorney General Robert H. Lovett, for the defendant.

Hutchison v. United States

Opinion of the Court

Per curiam.

The plaintiff in this suit is claiming interest on the sum of money found to be due him by the Government for the property taken from him, and in support of that claim cites the court to the case of United States v. Rogers, 255 U. S. 163. In that case the court says: “ It is unquestionably true that the United States upon claims made against it can not, in the absence of a statute to that end, be subjected to the payment of interest.” And further, “In the present case thé landowners did not sue upon a claim against the Government, as was the fact in United States v. North America Transportation & Trading Co., 253 U. S. 330.”

This is a case in which a claim is made against the Government. The statute forbids the payment of interest in such a case, and until Congress provides otherwise this court can not ignore the statute.

Judgment will be awarded plaintiff in the sum of $22,905, being the difference between the amount found to be the value of the property taken and the sum which plaintiff has received. And it is so ordered.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.