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CUNNINGHAM v. CUNNINGHAM

No. 9355.

157 F.2d 859 (1946)

CUNNINGHAM v. CUNNINGHAM et al.

United States Court of Appeals District of Columbia.

Decided November 4, 1946.

Attorney(s) appearing for the Case

Mr. Richard E. Wellford, of Washington, D. C., for appellant.

Mr. Thomas S. Jackson, of Washington, D. C., with whom Messrs. Louis M. Denit, A. Leckie Cox and Coleman L. Diamond, all of Washington, D. C., were on the brief, for appellees.

Before GRONER, Chief Justice, and WILBUR K. MILLER and PRETTYMAN, Associate Justices.

WILBUR K. MILLER, Associate Justice.

This appeal requires us to say whether a surety, which has paid the full penalty of its undertaking, can be charged with interest from a date prior to the assertion of the claim against it; whether an apprehensive surety, by filing a petition for relief because its principal was not rendering proper accounts, waived the demand for payment which is necessary to start interest running against a surety.

In 1925 Charles Cunningham...

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