Volume 49 — Court of Claims Reports

On the Proofs. The Reporter’s statement of the case: The following are the facts of the case as found by the court: I.The brig Rensalaer, whereof James Mitchell was then the master, sailed February 24, 1800, from New London, on a commercial voyage, bound for the English island of Antigua, a port of military and naval equipment of Great Britain, then' at war with France.

On the defendants' Counterclaim and plaintiff’s Exception to the Referee’s Report.

On the Proofs. The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The claimant, Needham L. Jones, served at sea under orders of the Navy Department from October 1, 1910, to June 1, 1911, as aid on the staff of Rear Admiral Seaton Schroeder, who was during that period commander in chief of the United States Atlantic Fleet, and a rear admiral of the senior nine.

On plaintiff’s motion for new trial and plaintiff’s and defendants’ motion to amend the findings.

On the Proofs. The Reporter’s statement of the case: The. following are the facts of the case as found by the court: I. The claimant is, and was at the time hereinafter mentioned, a citizen of the United States, residing at Seattle, Wash.

On the Proofs. The Reporter's statement of tlie case: The following are the facts of the case as found by the court: I. The claimant… Held: going outside of the questions actually involved in the decision of the case, that the “courts are not the only instrumentalities of government; they can not command or regulate the Army, and the welfare and safety of the country, through the efficiency of officers of the Army, is greater than the value of his commission or the right…

On the Proofs. The Reporter’s statement of the case: The following are the facts of the case as found by the court: I. The claimant, Ralston S. Holmes, served at sea under orders of the Navy Department from October 7, 1907, till and after July 4, 1908, as aid on the staff of Rear Admiral Uriel Sebree, who was during that period in command of the second division of the Pacific Fleet and a rear admiral of the lower nine.

On plaintiff’s Motion. The Reporter’s statement of the case: Tbe following are the facts of the case as found by the court: I. Claimants are citizens of the United States, residing in the State of Oregon. In the years 1898, 1899, and 1900 they were partners in the business' hereinafter described under the firm name of Normile, Fastabend & McGregor. II.

On the Proofs. The Reporter's statement of tbe case: The following are the facts of the case as found by the court: I. On November 18, 1904, by order of the District Court of the United States for… Held: there could be no recovery, either on the contract or for its repudiation.

On the Proofs. The Reporter’s statement of tbe case: The following are the facts of the case as found by the court: I. The claimant is a citizen of the United States and a resident of Babylon, N. Y. II.

On the Proofs. The Reporter’s statement of the case: The following are the facts of the case as found by the court: .

On the Proofs. The Reporter’s statement of tbe case: The following are the facts of the case as found by the court: I. The brig Betsey, whereof Douglass Chapman was then master, sailed on a commercial voyage from Edenton, N. C., on or about November 25, 1797, bound for the Swedish island of St. Bartholomew.

On the Proofs. The Reporter's statement of the case: The following axe the facts of the case as found by the court: I. The brig Fair Columbian, Nathaniel Wattles, master, sailed on a commercial voyage from Alexandria, Va., on March 26, 1798, bound for Antigua. While peacefully pursuing her said voyage she was seized on the high seas on April 17, 1798, by the French privateer Sevola, Capt. Gradia, and carried into St. Martins.

On the Proofs. The Reporter’s statement of the case: Tbe following are the facts of the case as found by the court: I. On or before January 1, 1910, and to and including September 30, 1911, the claimant, Arthur Mayo, was clerk of the United States Circuit Court for the Eastern District of North Carolina, duly qualified and acting. II. During said period said clerk entered orders or decrees in equity proceedings pending in said court on six days' during said period.

On the Proofs. The Reporter’s statement of the case: Tte following are the facts of the case as found by the court: I. The claimant entered into the contract with defendants through the Interior Department for the building of a schoolhouse, referred to in the petition. II.

On the Proofs. The Reporter’s statement of the case; The following are the facts of the case as found, by the court; I. The claimants, W. A. Shippey and A. Outzen, are citizens of the United States, residing in the State of Tennessee, and were, under the firm name of Shippey & Outzen, as partners, doing business as contractors engaged in excavation work at the time of filing the petition herein and for some time prior thereto. II.

On the Proofs. The Reporter’s statement of the case: The following are the facts of the case as found by the court: I. Petitioner is a corporation duly organized under the laws of the State of Connecticut, and is located at Guilford, in that State. II. On the 2d day of January, 1902, petitioner entered into a contract in writing with the United States, through Lieut.

On the Proofs. The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The claimant, Henry Guilmette, enlisted in the Navy March 13, 1905, was discharged December 13, 1907, and appointed paymaster’s clerk December 14, 1907.

On the Proofs. The Reporteras statement of tbe case: Tbe following are tbe facts of tbe case as found by tbe court: II.

On the Proofs. The Reporter’s statement of tbe case: The following are the facts of the case as found by the court: I. The brig Patsey, whereof John Livingston was then master, sailed from Norfolk, Ya., August 7, 1797, on a commercial voyage, bound to Montego Bay, in Jamaica.

On the Proofs. The Reporter's statement of tbe case: The following are the facts of the case as found by the court: I. The sloop Friendship, whereof George Rapall was then master, sailed on a commercial voyage iron Newburyport, Mass., in the early part of 1800, bound for Barbados, or Tobago. While peacefully pursuing said voyage she was seized on the high seas by the French privateer La Bijou, Capt. Collar.

On the Proofs. The Reporter’s statement of tbe case: Tbe following are tbe facts of tbe case as found by tbe court: I. Tbe schooner Sea Flower, whereof Luke Baker was then master, sailed from Boston December 1, 1799, on a commercial voyage bound for St. Croix. ' While peaceably pursuing said voyage she was seized on tbe high seas, December 20, 1799, by tbe French privateer L’Aimable Jeannette, Capt. Gautier.

On the Proofs. The Reporter's statement of the case: This is a claim for payment of travel allowances alleged to be due said claimant as one of the beneficiaries under Senate bill 9501, which was referred to this court May 22, 1908, by resolution of the United States Senate for proceedings under the act of March 3, 1887, known as the Tucker Act. The second section of said bill is applicable to this case and reads as follows: “Sec. 2.

On the Proofs. The Reporter’s statement of tfie case: The following are the facts of the case as found by the court: I. The claimant, Sanford Ferrell, is a citizen of the United States and a resident of Marion County, W. Va. In the year 1903, and for many years before, he was the owner of, in his own right,, and in possession of a tract of land containing about 8 acres, situated in Marion’ County, W. Va.

On the Proofs. The Beporter’s statement of tbe case: Tbe following are tbe facts of tbe case as found by tbe court: I. Tbe claimant is a corporation, organized under tbe laws of tbe State of Pennsylvania and doing business therein, and bas been so organized and doing business since prior to April, 1900.

On Demurrer. The Reporter's statement of the case: The averments of the petition to which the defendants demur will be found sufficiently set out in the opinion of the court.

On the Proofs. The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The claimant, Paul H. Calongne, was on the 14th day of May, 1907, appointed a paymaster’s clerk in the United States Navy and assigned to duty with Assistant Paymaster Francis J. Daly, United States Navy, on duty on U. S. S. Cleveland, as pay officer of that vessel.

On the Proofs. The Reporter's statement of the case: The following are the facts of the case as found by the court: I. Claimant was, at the time of the loss hereinafter set forth, first lieutenant and adjutant of the Second Regiment of Cavalry in the United States Army, was on duty at Fort Walla Walla, Wash., and was required to keep and did keep a horse for -use in the military service, of the value of $150. II.

On the Proofs. The Reporter’s statement of the case: The following are the facts of the case as found by the court: I. On June 14, 1902, claimant, Arthur E. Gove, and the United States entered into a contract, a true copy of which is annexed to the amended petition as Exhibit A, except that the words in brackets in paragraph 11 thereof and the addendum at the end thereof were not in the contract at the time it was executed, but were added thereto by mutual consent of the…

On the Proofs. The Reporter’s statement of the case: The following are the facts of the case as found by the court: I. The claimant, Alfred J. Maxwell, was on and prior to March 7, 1911, a clerk in the Subsistence Department of the Army, which position he had held since August 2, 1906, and was on duty at Fort ftiley, Kans., a post where he had been serving for about two years. II.

On the Proofs. The Reporter’s statement of tbe case: The following are the facts of the case as found by the court: I. November 30,-1907, the claimant entered into a contract with the defendants for the construction of a reinforced concrete and wooden pile and timber deck pier at the United States navy yard at Charleston, S. C., which said contract, together with the specifications forming a part thereof, are annexed to the petition herein and made a part thereof. II.

On the Proofs. The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The claimant, Jefferson F. Moser, February 4, 1907, recovered judgment in this court against the United States for $2,537.50 in acordance with the findings of fact, conclusion of law, and opinion of the court, all as set forth in Exhibits “A,” “ B,” and “ C ” to the petition herein, and said judgment was never appealed from and was paid at the Treasury.

On the Proofs. The Reporter’s statement of the case: The following are the facts of the case as found by the court: I. Prior to December 5, 1909, claimant was a paymaster’s clerk in the United States Navy, serving under Paymaster Hugh E. Insley, U. S. N., on board U. S. S. Wisconsin.

Jurisdiction. The Reporter's statement of the case: The averments of the petition are sufficiently stated in the opinion of the court.

Jurisdiction. The Reporter's statement of the case. The averments of the petition are sufficiently stated in the opinion of the court.

On defendants’ Motion and Demurrer. The Reporter’s statement of the case: The averments of the petition involved are sufficiently stated in the opinion of the court. Mr. F. B. Rhodes in opposition. Out of the maze of conflicting decisions of the Courts, the following principles of law relating to the subject of liquidated damages can be definately stated: 1. The wording of the contract is immaterial, the intention of the parties alone governing.

On the Proofs. The Reporter’s statement of the case: The following are the facts of the case as found by the court: I. The claimant, M. H. French, as administrator of Emma B. French, deceased, his wife, and in his individual capacity having been admitted as a party to the suit, was at the date of the alleged depredation a citizen of the United States, and his said wife, Emma B. French, was also a citizen of the United States at said time. II.

On the Proofs. The Reporter's statement of the case: The following are the facts of the case as found by the court: I. Claimant is a corporation organized and existing… Held: “It is the final written instrument that the statute contemplated shall be executed and signed by the parties and which shall contain and be the proof of their obligations and rights. “To bind the United States a contract by the Navy Department must be in writing and signed by the contracting parties.

<p> On plaintiffs Motion. </p> <p>The ‘Reporter's statement of the case:</p>

On defendants’ Demurrer. The Reporter's statement of the case: The averments of the petition involved are sufficiently stated in the opinion of the court.

On the Proofs. The Reporter’s statement of tbe case: Tbe following are tbe facts of tbe case as found by the court: I. At the time of the payment of tbe duties hereinafter referred to the claimants, Eliot A. de Pass, Charles E. de Mercado, Benjamin Odio, and one Alfred S. Lascelles, since deceased, were copartners trading under the firm name of A. S. Lascelles & Co. The claimants, Eliot A. de Pass and Charles E. de Mercado, are subjects of the King of Great Britain, and the…

On the Proofs. The Ref otter’s statement of the case: The following are the facts of the case as found by the court: I. During the period for which this claim has been made the claimant was a captain in the Fifteenth Regiment of United States Cavalry, with a record of over 15 years’ service. II.

On the Proofs. The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The schooner Experiment, whereof Archibald Maxwell was then master, sailed on a commercial voyage from Philadelphia, Pa., on July 20, 1798, bound to Antigua.

On defendants' Demurrer. The Reporters’ statement of the case: The averments of the petition to.which the defendants demnr will be found sufficiently set out in the opinion of the court. The contract must be read in the light of the scientific knowledge possessed by manufacturers and other persons skilled in the art, when it was made.

On the Proofs. The Reporter’s 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 a resident of the city of Pittsburgh in the State of Pennsylvania. II. On the 28th day of June, 1902, Adelaide P. Dalzell, a widow, a citizen of the United States and resident of the city of Pittsburgh, State of Pennsylvania, departed this life.

On the Proofs. The Reporter’s 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 and a resident of the city of Toledo, in the State of Ohio; and the claimant, trading as the Michigan Steel Box Co., entered into the contract with the United States for the furnishing of letter boxes, dated May 2, 1901, a copy of which is attached to the petition in this case. II.

On defendants’ Motion. The Reporter's statement of the case: The averments of the petition involved are sufficiently slated in the opinion of the court.

On the Proofs. The Reporter's statement of the case: The following are the facts of the case as found by the court: I. Claimant, John McGowan, is a rear admiral on the retired list of the United States Navy. II. In the months of June and July, 1899, he was a captain on the active list of the Navy.

On the Proofs. The Reporter's statement of the case: The following are the facts of the case as found by the court: I. Claimant was appointed from civil life an assistant surgeon in the Navy July 19, 1897, and accepted said appointment on July 26, 1897, and has since served continuously therein. During the times hereinafter mentioned he was an assistant surgeon with the rank of lieutenant (junior grade). II.

On the Proofs. The Reporter’s statement of the case: The following are the facts of the case as found by the court: I. The claimant herein is a corporation organized under the laws of the State of Illinois in 1906.

On the Proofs. The Reporter's statement of the case: Tbe following are tbe facts of tbe case as found by tbe court: I. Claimant is a corporation incorporated under tbe laws of tbe State of Alabama, and owns and operates a line of railroad extending from Meridian, in tbe State of Mississippi, to Chattanooga, in the State of Tennessee, and passing through the States of Mississippi, Alabama, Georgia, and Tennessee, and is engaged in the transportation thereon of passengers and…

On the Proofs. The Reporter's statement of tbe case: The following are the facts of the case as found by the court: I. A contract between the claimant,… Held: both by this court and the highest court, that where a second contract is tendered as a substitute for the first upon condition that the contractors would perform what it required for the compensation to be paid and waive the first contract, they can not avail themselves of the performance and repudiate the condition.

On the Proofs. The Ref crier's statement of the case: The following are the facts of the case as found by the court: I. The claimant is a corporation duly… Held: “The second question involved is as to the right of the contractor to recover because the Government’s advertisement for proposals, instead of stating the number of elevated stations to be served at four, which was, in fact, the number, gave the number of stations at two, thus doubling the number of trips necessary.

On the Proofs. The Reporter’s statement of the case: The following are the facts of the case as found by the court: I. The claimant, Mas M. Frucht, a lieutenant of more than 15 years’ service in the Navy, was, October 19, 1910, ordered by the Secretary of the Navy to “ Proceed to Pensacola, Fla., and on November 1, 1910, report to the commandant of the navy yard at that place for such duty as he may assign you at the station under his command.” He reported in obedience to…

The Reporter’s statement of the case: ■ The defendants move to dismiss the petition for 'want of jurisdiction in each of the six cases hereinbefore named, and joint argument was heard thereon. The averments of the petition in the respective cases to which the defendants’ motion pertain are practically the same and will be found sufficiently set out in the opinion of the court.

On the Proofs. The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The brig Bee> whereof Denton James was then master, sailed on a commercial voyage on October 22, 1798, from Edenton, N. C., bound to the island of Barbados. While peacefully pursuing her said voyage she was seized on the high seas on November 24, 1798, by the French privateer La Resolue, Capt. Anthony Friol.

On plaintiff’s Motion. The Reporter's statement of tbe case: The following, are the facts of the case, as found by the court: FINDINGS OF FACT. I. In the year 1903, and long prior thereto, the claimant was the owner of a tract of land located at Lowesville, on the west bank of the Monongahela River, in Monongalia County, W. Va., comprising about 70 acres and extending along the river bank a distance of about - feet.