Volume 42 — Court of Claims Reports

<p>The Reporters’ statement of the case:</p> <p>The facts on which the motion was founded appear in the opinion of the court.</p>

The Reporters' statement of the case: The following are the facts of the case as found, by the court: I. The claimant was incorporated by the general assembly of the State of Maryland by the act of 1834, chapter 210', under the name of the Merchants’ Bank of Baltimore; and on June 7, 1865, was duly converted under the provisions of “ the national-bank act ” into a national banking association, with a capital stock of $1,500,000; and its corporate existence was extended for a…

The Reporters statement of the case: The .United States Senate, by resolution dated February 27, 1901, referred a bill to this court for the payment of $10,000 to the above-named claimant for property taken by United States forces during the war for the suppression of the rebellion. The claimant appeared and filed his petition in the court November 13, 1901, in which he avers substantially as follows : That during the late civil war James Chieves and Edmund FI.

The Reporter's statement of the case : The following are the facts of the case as found by the court: I. The claimant was appointed captain and quartermaster in the Army of the United States April 8, 1901, during recess of Congress, and was thereafter duly appointed captain and quartermaster on December 26, 1901, which latter appointment was thereafter duly confirmed. II. Prior to and until June 30,1901, Capt. and Asst.

<p>The Repórtelas statement of the case:</p> <p>The facts of the case sufficiently appear in the opinion of the court.</p>

<p>The Reporters’ statement of the case :</p> <p>The facts appear in the opinion of the court.</p>

The Reporter's statement of the case: The following are the facts of the case prior to the present trial: On October 30, 1906, this case came on to be heard under a second reference of the claim by resolution of the United States Senate June 27, 1906, on the question of the loyalty of the claimant’s decedent, William H. Osborne.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. That the claimant was heretofore appointed as one of the judges of the Circuit Court for the Territory of Hawaii, and qualified under his commission as such judge on the 23d day of January, 1902, which commission specifies that his appointment is “ for a term of four years from the date hereof subject to the provisions of law,” and that the salary provided for said office…

The Reforters’ statement of the case: The facts of the case as set forth in the petition, to which the defendants demurred, are set forth in the opinion of the court. Since in truth and in fact the duties alleged in this case to have been collected and paid were by the collecting officers properly and legally turned into the treasury of the Philippine government, the mere allegation in the petition that they were paid to the United States becomes immaterial and unimportant.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. The brig Sally, John Y. Villett, master, sailed on a commercial voyage on or about the 7th day of June, 1796, from Newport, B. I., bound for Africa, where she arrived on the Gold Coast in the month of August following.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The Claimant entered the United States naval service as midshipman on September 29, 1864, and has served continuously in the Navy since that date. II.

The Reporters’ statement of the case: The facts of the case sufficiently appear in the opinion of the court.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The Juragua Iron Company (Limited) is a corporation duly created and existing under the laws of the State of Pennsylvania, having its principal office and place of business in the city of Philadelphia, in that State, and is now, and for many years has been, engaged in the business of mining and selling iron ore and other mineral products in the United States, Cuba, and…

The Reporters'1 statement of the case: The following are the facts of the case as found by the court: I. The claimant, Oscar W. Farenholt, entered the naval service as an acting ensign, having previously served as an enlisted man, on the 19th day of August, 1864, and has served continuously in the Navy up to the present time. During all the time covered by this claim he was a captain of more than twenty years’ service in the Navy.

<p>The Reporters' statement of the case:</p> <p>The facts of the case are sufficiently set forth in the opinion of the court.</p>

The Reporters' statement of the case: The claim in the above-entitled cause-is for stores and supplies alleged to have been furnished to the military forces of the United States for their use during the war for the suppression of the rebellion. The claim was first referred to the court by the Committee on War Claims of the. House of Representatives, under- the act of March 3, 1883.

The Reporters'1 statement of the case: The following is the decree of the French court with the facts as found by this court: “In the name of the French people: “ The tribunal of commerce established in the ’ island of Guadaloupe and its dependencies, held at Basse Terre, in the said island, at their ordinary sitting, on the fourteenth day of October and the 7th year of the French Republic one and indivisible; “ Having seen the declaration of the American prize sloop…

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant is a citizen of the United States, a resident of the city of Annapolis, State of Maryland, and a commander on the retired list of the United States Navy. II. From July 30, 1896, until March 7; 1897, the claimant, then holding the rank of commander, United States Navy, was serving as commandant of the navy-yard at Pensacola, Fla.

The Reporters'1 statement of the case: The facts of these cases will be found in Armstrong's Case (29 C. Cls. B., 148) and in the opinion in the present case.

<p>The Reporters’’ statement of the case:</p> <p>The facts of the case sufficiently appear in the opinion of the court.</p>

The Reporters' statement oí the case: The facts of the case sufficiently appear in the opinion of the court. 1. It is contended here that the legislation creating Saturday half holiday as a legal holiday is much more comprehensive and positive than the language used in the act creating Labor Day as a legal holiday.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. That the claimants, Pío Tung, Pío Fook, Ho Kom Tong, and Lo Cheung Shiu, partners trading as PIo Tung & Co., are residents of Hongkong, China, and subjects of Great Britain. II.- On July 13, 1898, the following military order was published at Washington by the Secretary of War : “ Wap.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. On July 6, 1899, the claimant herein was a corporation duly organized under the laws of the State of Washington; and on said date was the owner of the steamship Queen, which vessel was, on that date, and long prior thereto, duly enrolled and registered at its home port at Seattle (Port Townsend), Wash., where it was taxed.

The Reporters’’ statement of the case: The following are the facts of the case, as found by the court: I. The St. Paul, Minneapolis and Manitoba Railway Company was aided in its construction with… Held: in the case of Cape Ann Granite Company v. United States (20 C. Cls.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. By the act of March 3, 1905, copied in paragraph one of the petition, the petitioners are authorized to file a petition in this court “ for the purpose of settling the question as to the ownership of the stocks, Government bonds, or moneys held in trust by the Government at the date of the treaty of July, eighteen hundred and fifty-five,” and this court was “ granted…

The Reporters'1 statement of the case: The following are the facts of the case as found by the court: I. That on or about the 15th day of September, 1896, the Postmaster-General of the United.

The Reporters’’ statement of the case: The following are the facts of the case as found by the court: I. Claimant is a citizen of the United States and resides in the city of Indianapolis, State of Indiana. II. He enlisted July 6,1861, for three years as a private in Company H, Twenty-first Indiana Infantry, and was discharged December 31, 1863, to enable him to reenlist as a veteran volunteer.

The Reporter's statement of the case: The facts relating to this motion and the grounds upon-which it was made will be found stated in the opinion of the court. It is elementary that the order in which evidenoe shall be introduced is a matter for the discretion of the court, and this rule is looked upon with such favor that the exercise of the discretion is not-assignable for error, except in cases of manifest abuse.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant, Newton A. McCully, was during the period covered by his claim a lieutenant-commander of more than twenty years’ service in the Navy. II.

<p>The Reporters’ statement of the case:</p> <p>The facts of this case are sufficiently set forth in the opinion of the court.</p>

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant, James H. Hamilton, and his partner, Samuel C. Humes, at the date of the taking hereinafter set forth, were citizens of the United States. II.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. That the petitioners, whose names are mentioned below, and whose interests hereinafter ajijiear, were, at the times mentioned, and still are, residents and citizens of the United States, and were the owners of the brig Robert Dillon, her tackle, appurtenances, etc., and have at all times borne true allegiance to the Government of the United States.

The Reporters1 statement of the case: The following are the facts of the case as found by the court : I. The claimants herein are citizens of the United States, residing in Houston, Tex. II. On June 11, 1904, the defendants owned and had in their possession in the Sabine Harbor, Texas, a caisson intended for use in the construction of the Sabine Bank light station.

The Reporters* statement of the case: The following are the facts of the cáse as found by the court: I. That Juan M. Ceballos, John S. Fiske, and Anderson C. Wilson compose the firm of J. M. Ceballos & Co., with their principal office at No. 27 William street, New York City, in the State of New York; said Juan M. Ceballos and John S. Fiske are citizens of the United States by birth, and said Anderson C. Wilson is a subject of Great Britain.

The Reporters' statement of the case: The allegations of the petition are sufficiently set forth in the opinion of the court : The defendant contends that if the transactions between the Bethlehem Iron Company and the defendant, as set forth in the petition, show merely an infringement by defendant of the rights of the owner of said patented invention, the demurrer in regard to the first question raised by it should be sustained. (Pitcher v. U. S., 1 C. Cls.

The Reporters' statement of the case: The following are the preliminary statement of the case and the facts as found by the court: This is a claim for work done and material alleged to have been furnished in the construction of the hull of the United States d’ouble-ender Mattabessett. On June 17, 1902, the United States Senate, by resolution, referred to the court under the provisions of the act of March 3,1887, known as the Tucker Act, a bill reading as follows: “ [S. 703.

The Reporter's statement of the case: The court filed, its findings of the facts in this cause subject to possible correction as to certain immaterial items. The findings therefore are not inserted in the report of the case; but the material facts will be found set forth in the opinion of the court, together with the reasons for the judgment that the claimants should be paid nothing for want of proof of a legal or equitable title, and for other reasons therein set forth.

The Reporters’’ statement of the case: The following are the facts of the case as found by the court: I. By an act of Congress approved March 3, 1901, this court was empowered to “ * * * hear, ascertain, and report to Congress what members of the Sisseton and Wahpeton bands of Dakota or Sioux Indians remained loyal to the Government of the United States, and were not directly or indirectly concerned in the depredations of certain bands of Sioux Indians named in the act of…

The Re-porters' statement of the case: The' following are the facts of the case as found by the court: I. The claimant, Bartlett J. Cromwell, entered the Navy on the 21st day of September, 1857, and… Held: in the practice of the Treasury Department to prevent any resettlement of the account on a different basis.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The schooner Two Cousins, Elijah Devall, master, sailed on a commercial voyage on or about February 11,1797, from Jeremie, bound for Philadelphia.

The Reporters' statement of the case: The following are the facts of the case as found, by the court: I. The decedent, Edgar Hincks, was, on June 7, 1900, the superintendent of the money-order division of. the post-office at New Orleans, La., where he had been eiirployed for about twelve or fourteen years, the greater part of which time he was cashier of the said post-office.

The Reporters’ statement of the case: The material averments of the petition will be found in the opinion of the court. It is axiomatic that when a system of government is des-placed by an entirely different system, the existence of all the functions and attributes of the old government is at once terminated.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The Federal Manufacturing and Printing… Held: “ That where there was an express contract to manufacture and use a patented article, it would not go into the question of the validity of the patent; that if the agreement did not import a warrantee, it was the duty of the defendants to have investigated the scope and validity of the patent before they purchased the right to…

<p>The Refortevs’ statement of the case:</p> <p>The grounds of the motion will be found on the opinion of the court.</p>

The Reporters’ statement of the case: The following is the history of the case. The legal bearing of the facts are stated in the opinion: The following bill was referred to the court on the 27th day of April, 1904, by resolution of the United States Senate under an act of Congress approved March 3, 1883, known as the Bowman Act. [S. 2303, Fifty-eighth Congress, second session.] “A bill for the relief of Anna It.