Volume 17 — Court of Claims Reports

The Reporters’ statement of the ease: The following are the material parts of the contract originally entered into by the parties : “I. That the said William J. Chandler shall deliver at certain points on the south side of the Arkansas River, within a distance of twenty-five (25) miles of Fort Smith, twelve thousand tons of hay to the authorized agent of Captain Greene Durbin; said hay to be put up in good stacks of not less than one hundred tons to the stack, and not less…

The Reporters'1 statement of the case: The special act by which this case was referred to the Court of Claims will be found in the opinion ofthe court. The following are the facts of the case as found by the court: I. In February, 1861, at the time of the surrender of San Antonio by General Twiggs to tbe insurgent forces, claimant was stationed at that city as iiaymaster United States Army, with the rank of major.

The Reporters7 statement of tbe case: The following are the facts of the case as found by the court: I. On the 31st of May, 1875, Seth W. Beals, superintendent of the construction of the United States court-house and post-office building at Lincoln, Nebr., caused to be published the following advertisement: 11 Proposals for brioles for the United States court-house and post-office, Lincoln, Nebraska. “Office of Superintendent, “ May 31, 1875. “ Sealed proposals will be…

The Reporters’ statement of the case: Tlie following are the facts of this case as found by the court: I. On the 2Gth of December, A. D. 1801, the claimant was duly appointed captain in the First Begin)ent of Artillery, in the service of the United States, to rank as such from the 14th day of May, 1801, and so continued until mustered out. as hereinafter set forth. II.

The-Peporters’ statement of the case: The following are the facts of this case as found by the court: T. The claimant’s intestate, John P. Hall, was United States collector of internal revenue and disbursing agent for tlie first collection district in the State of Kentucky for many years previous and up to May 8, 1874, when he died. Thereafter the claimant was duly appointed administrator of his estate. II.

Tbe Reporters’ statement of tbe case: Tbe following are tbe facts of this case as found by tbe court: I. July 3,1879, tbe collector of internal revenue for tbe second district of New York was notified by letter, from tbe office of the Commissioner of Internal Eevenue, that tbe Secretary of tbe Treasury bad made an allowance for tbe salaries of his deputies for tbe fiscal year ending June 30, 1880.

The Reporters’ statement of the case: The mail-transportation contract out of which the cause of action here arose was one of the ordinary contracts of the Post-Office Department, and its construction was not involved in the suit. The following are the facts as found by the court: I. The contract mentioned in the claimant’s petition, and set forth in full in the exhibit thereto, was duly executed by both parties-on the 24th day of April, 1858. II.

The Reporter’a statement of the case : The following are the chief parts of the contract, specifications, &c., requiring construction by the court: [Form: 19.] “ Articles of agreement entered into this thirteenth day of December, eighteen hundred and seventy-five (1875), between Major Walter McFarland, Corps of Engineers, United States Army, for and in behalf of the United States, of the first part, and Timothy Ford and John W. Hobbs, partners, doing business under the…

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. That on or about the 6th day of May, A. D. 1876, the claimant was notified by telegram from Maj. B. O. Card, assistant quartermaster, United States Army, and chief quartermaster Department of Dakota, to “see Lieutenant Nowland about teams.” “He is authorized to hire”; and thereupon on the’7th day of May, 1876, the claimant made the following proposition to said Nowland,…

The Reporters’ statement of tlie case: Tbe following are the facts of tbis case as found by tlie court: I. On the 23d of March, 1878, the claimant made a proposition to the Post-Office Department as follows: “Oil City, Penn’a, March 23, 1878. “Hon. JAMBS N. Tyner, “1 st Assistant Postmaster-General, Washington, D. 0.; “Dear Sir: By direction of Mr. H. Olay Hopkins, special agent, I send you the following proposition: I will lease to the department, to he used as a…

The Reporters’ statement of tbe case: Tbe allegations of tbe petition, so far as they affect tbe decision of tbis case, will be found in tbe opinion of tbe court.

The Reporters'’ statement of the ease: The following are the facts of this case as found by the ■court: I. The amount of $269.34 was retained from the claimant by the defendant in the settlement of his account for work done under the extension of contract with the board of public works, •dated July 17, 1873, known as contract number 765, and has not been paid. All the said work was done by claimant prior to November 1, 1875. II.

The Reporters’ statement of the case : The claimant having no right of appeal in this case, no findings were filed. But the facts upon which the case rested will be found in the opinion of the court.

The Reporter s' statement of the case : The claimant having no right of appeal in this case, no findings were filed; but the facts upon which the case rested will be found in the opinion of the court. We can conceive of no other fair construction of this contract than that Fenlon was entitled to transport all the sup-lilies “ required ” by the government and not transported by the Indians.

The Reporters’ statement of the case: This case came before the court upon demurrer, but was dismissed for want of jurisdiction. All the material allegations of the petition are set forth in the opinion of the court. We understand learned counsel to raise the objection by his demurrer— That the claim has not been allowed by the Commissioner of Pensions, and until such allowance no claim exists against the United States; atleast, none of which this court can take jurisdiction.

The Reporters’ statement of the case : The following are the facts of this case as found by the court: I. Ou the 6th of July, 1868, the claimant was commissioned by the President of the United States as assistant appraiser of merchandise at Portland, Maine. IT.

<p>The Reporters1 statement of the case:</p> <p>The facts relating to this motion are set forth in the opinion of the court.</p>

The Reporters’ statement of tbe case: The following are the facts of this case as found by the court: I. The National Bank of the State of Missouri, in Saint Louis, was a corporation organized under the general banking laws of the United States, with a capital stock of $2,500,000, when, on the 23d of June, 1877, the Comptroller of the Currency found the same to be insolvent, and thereupon appointed the claimant to be receiver thereof, by an instrument in writing under his…

The Reporters’ statement of the case: The foil owing are the facts of this case as found by the court: I. At the times hereafter referred to, James Green, the testator of the claimants, was the owner of certain real property in Alexandria, Va., and of the hotel thereon situated, known as the Mansion House.

The Reporters’ statement of the case: The following are the facts of this case as found by this court: I. May 31,1865, the claimant received the following appointment: • “Treasury Department, May 31, I860. “ Sir : By virtue of authority under the civil and diplomatic appropriation act, approved March 3,1853, you are hereby appointed disbursing clerk for the office of the First Comptroller, Second Comptroller, Solicitor, Begistcr, Treasurer, Commissioner of Customs, First…

The Reporters statement of the case: The following are the material parts of the contract on which the action was brought: “This agreement, made and entered into this 20th day of March, one thousand eight hundred and seventy-seven, by and between Major Benjamin C. Card, quartermaster, United States Army, chief quartermaster Department of Dakota, for and on behalf of the United States, of the first part, and John B. Davis, of St. Paul, county of Ramsey, and State of…

The Reporters’ statement of tbe ease: Tbe following are tbe replications of tbe claimant demurred to by tbe defendant: “In tbe Court of Claims of.tbe United States. “ SAMuel- Strong ) vs. >No. 200.

The Reporters’ statement of the case: The facts relating to this motion and the evidence upon which it was founded are recited in the opinion of the court.

The Reporters’ statement of tbe ease: This was a motion to dismiss for want of jurisdiction. The fact relied upon by the defendant, and the statute governing the jurisdiction, appear in the opinion of the court.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. At the time and in the manner hereinafter set forth in Finding III, the claimant was, by the Secretary of the Interior, appointed a laborer (first grade) in the Patent Office.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. On the 31st of July, 1873, the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, issued the following circular: [Circular No. 99 — Revised.] “Concerning rewards for information leading to the detection and punishment of persons violating internal-revenue laws. “ Treasury Department, “ Opeice or Internal Revenue, 1873. Depaetment No. 107.

The Reporters’ statement of tlie case: The following are the facts of this case as found by the court: I. In the month of February, 1871, James Atkins was collector of internal revenue for-the then… Held: but a verdict was rendered in his favor. Again, there is no appropriation out of which this claim can be paid; and claimant cannot, therefore, recover under this section. Congress must be applied to for an appropriation.

The Reporters’ statement of tbe case: The following are the facts of this case as found by the court: I. The following contract was duly executed by the parties thereto: “Contract for transportation-on the Missouri and Yelloiostone Rivers. “Service on the Missouri River between Yankton, D. T., and Fort Benton, M. T., to commence March 20 and terminate November 10, 1880. “ Service on the Missouri and Yellowstone Rivers between Yank-ton or Bismarck, D. T., and Big Horn Depot,…

The Reporters statement of tlie case: So much of the contract of this case as is necessary for a correct understanding of it will be found quoted in the opinion.

The Reporters statement of the ease: In the case of LongwiU the court found the following facts-: I. The act of Congress making appropriations for the Indian ‘ service for the fiscal year ending June 30,1879, having been approved May 27,1878, advertisements for proposals were thereupon duly made for furnishing supplies for the Indian agency hereinafter mentioned.

The Reporters’’ statement of the case: As the amount sought to be recovered in this case was less than $3,000, no finding of facts was made, but all of the material facts will be found in the opinion of the court. Section 171 of the Act June 30, 1864 (13 Stat. L., 302), authorized an allowance of,drawback for internal tax paid on manufactures exported.

The Reporters’ statemeut of the case: Three of these cases were consolidated and brought to a hearing. After the trial had proceeded seven days, it appeared to the court that there were still two outstanding cases founded on the transactions of the same assignor, and that he was not a party to any of these proceedings. The trial was thereupon suspended. The involved facts elicited will be found in the opinion of the court.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. During the late war between the United States and Mexico, and while Matamoras was occupied by our troops, S. A. Belden and William Alling, under the firm-name of S. A. Belden & Co., opened a store or trading establishment in that place. The business was continued until March 6, 1850, when interrupted as hereinafter stated.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. On the 24th of October, 1874, the United States recovered judgment in a court in Utah Territory against John P. Taggart (the present claimant) for $2,262.05 debt, and $36.56 cost, which judgment bore interest at the rate of six per cent, per annum. IT.

The Reporters’ statement of tbe case: The following are the facts of the case as found by the court: I. The claimant, in February and March, 1867, was a banking association and body corporate, duly… Held: and replace as much of the money in the sub-treasury as possible, so as to reduce the loss to the smallest possible amount; and Carter promised Hartwell that he would return all the money before the 1st of April, not to come out of the sub-treasury again.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. Claimant enlisted as a private soldier in the military service of the United States in August, 1861. Having been [iromoted from time to time, he was commissioned prior to March 27, 1865, as captain and assistant quartermaster of volunteers. From August, 1861, to March 27, 1865, his service was continuous.

The Reporters’ statement of the ease: The following are the facts of this case as found by the court: I. The claimant had a contract with the board of public works of the District of Columbia to do… Held: would be prima facie evidence of title, but Orine and Cowdrey bad, in addition, more or less formal evidence of assignment. Presumptively tbey were bona fide holders, as there was nothing in the form of indorsement to indicate defect in the title.

The Reporters statement of tbe case: Tbe following are tbe facts of this case as found by tbe court: I. On tbe 23d of October, .1875, tbe defendant entered into a contract with tbe claimant, which was known and designated as “Extension of Contract JSFo. 583,” in which it was stipulated and agreed by and between tbe claimant and the defendant, among other things, as follows: First.

The Reporters’ statement of tbe case: The following are the facts of this case as found by the court: I. The claim a nth ad contracts with the board of public works of the District of Columbia, dated August 19 and September 19,1873, to do certain work and furnish materials in grading streets, &c., in Washington, for said District.

The Reporters statement of the case: The facts of this case were not found formally, but are recited in the opinion of the court.

The Reporters’ statement of the case : The following are t lie facts of tbis case as found by t-lie court: I. On the 8th of July, 1873, the claimant entered into a written contract with the board of public works of the District of Columbia for the laying down in the city of Washington of a large quantity of pavement, and doing other work in connection therewith; the clauses and provisions of which contract having relation to the matter in controversy in this suit are as…

The Reporters’ statement of the case: These cases were previously before the court (see ante, p. —), when, upou the defendant’s motion, they were consolidated. They now come before the court for final hearing.

The Reporters statement of the case: In 1873 the defendants, as party of the first part, and the claimants, as party of the second part, entered into a written contract for the manufacture of ordinary postage-stamps by the latter and their sale and delivery to the former.