Legal Opinion

Silliman v. United States. United States v. Silliman

Supreme Court of the United States

Decided April 18, 1880No. 194PublishedCited by 61 opinions

Appeals from the Court of Claims. The case as set forth in the findings of fact is this: — In 1863, claimants were partners in trade, doing business in the city of New York, under the firm style of Silliman, Matthews, & Co. At various times they executed with the United States (the latter repi'esented by Major Van Vliet of the quartermaster’s department) several charter-parties for barges of which they were owners.

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Appeals from the Court of Claims. The case as set forth in the findings of fact is this: — In 1863, claimants were partners in trade, doing business in the city of New York, under the firm style of Silliman, Matthews, & Co. At various times they executed with the United States (the latter repi'esented by Major Van Vliet of the quartermaster’s department) several charter-parties for barges of which they were owners. The barges were delivered to the quartermaster’s department, and rtemained in service during the periods respectively set forth in the petition. The claimants were paid at the…

1Opinion of the CourtJustice Harlan

The barges in question were delivered by claimants to the government under the original charter-parties, binding the latter to pay for their use at an agreed rate, during such period as they were retained in its service. The government was as much bound by the terms of the contracts as were the claimants, and no alteration thereof could-take place without the assent of both contracting parties.

The quartermaster’s department demanded that the claimants should execute new charter-parties, containing stipulations, essentially different as to compensation, from those embodied in the contracts…

2Cited by61 opinions

  1. Coppage v. KansasSupreme Court of the United States · 1915
  2. Fruhauf Southwest Garment Co. v. United StatesUnited States Court of Claims · 1953
  3. Hackley v. HeadleyMichigan Supreme Court · 1881
  4. Hartsville Oil Mill v. United StatesSupreme Court of the United States · 1926
  5. Johnson, Drake & Piper, Inc. v. United StatesUnited States Court of Claims · 1976

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