United States v. Palmer
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. This was a case from the Court of Claims. Its nature and object are fully explained by the following extract from the petition: “Your petitioner is the inventor, patentee and owner of the improvements in infantry equipments, for which, were granted letters-patent, Nos. 139,731 and 167,537, dated, respectively, June 10, 1873, and December 8, 1874. A board— consisting of Lieutenant-Colonels W. R. Shatter, A. McD.
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APPEAL FROM THE COURT OF CLAIMS. This was a case from the Court of Claims. Its nature and object are fully explained by the following extract from the petition: “Your petitioner is the inventor, patentee and owner of the improvements in infantry equipments, for which, were granted letters-patent, Nos. 139,731 and 167,537, dated, respectively, June 10, 1873, and December 8, 1874. A board— consisting of Lieutenant-Colonels W. R. Shatter, A. McD. McCook, and Thomas C. English, Major Alexander Chambers, and Captain M. H. Stacey — was appointed by order of the Secretary of War, June 1,1874, to…
1Opinion of the CourtJustice Bradley
The principal objections raised on the part of the government against the judgment are, to the jurisdiction of the court and the form of the action. It is assumed that the ground of complaint on which the petition is founded is a tort and not a contract; that the assertion in the petition of an implied contract is not warranted by the facts of the case; and that the government cannot be sued in the Court of Claims for a mere tort.
This assumption of the appellant is erroneous. No tort was committed or claimed to have been committed. The government used the claimant’s improvements with his…
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