Battelle v. United States
United States Court of Claims
This is a petition to recover of the defendants the sum of" $45,712.33 alleged to be due for a balance on account of beef furnished to the Army of the United States, in West Yirginia, in 18C2. It is averred that said beef was furnished under orders issued by the proper authorities in the field, and to-supply emergencies then existing, all of which is sufficiently evidenced in the telegrams issued by Captain KcKenzie, commissary in the army under General Frémont.
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This is a petition to recover of the defendants the sum of" $45,712.33 alleged to be due for a balance on account of beef furnished to the Army of the United States, in West Yirginia, in 18C2. It is averred that said beef was furnished under orders issued by the proper authorities in the field, and to-supply emergencies then existing, all of which is sufficiently evidenced in the telegrams issued by Captain KcKenzie, commissary in the army under General Frémont. The question raised by the Government in its plea of the-statute of limitation is answered by the replication filed by tlie…
1Opinion of the CourtLoRING, J.
The petitioners claim $45,712.33 for beef, &c., sold and delivered to the United States, under a contract dated February 1,1862.
The contract provided that payment should be made monthly for the beef, &c., delivered, and the evidence showed that the latest deliveries were made in June, 1862. The claims for payment were presented at the War Department and disallowed.
Tbe petition was filed in this court February 3, 1869, and the defendants pleaded in bar the statute of limitations. (Stat. March 3,1863, § 10.)
To this plea the claimants replied “ that said claim was duly presented to the War…
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