Legal Opinion

Nashville, Chattanooga & St. Louis Railway Co. v. United States

Supreme Court of the United States

Decided January 26, 1885No. 860PublishedCited by 88 opinions

.APPEAL FROM THE COURT OF CLAIMS. This was a petition in the Court of Claims to recover compensation for carrying the United States mails between certain places in Tennessee from March 31 to June 8, 1861. The material facts, as found by that court, were as follows : The petitioner, a corporation under the laws of Tennessee, on May 27, 1858, entered into contracts with the United States in the usual form to transport the mails both ways between Nashville and Chattanooga and…

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.APPEAL FROM THE COURT OF CLAIMS. This was a petition in the Court of Claims to recover compensation for carrying the United States mails between certain places in Tennessee from March 31 to June 8, 1861. The material facts, as found by that court, were as follows : The petitioner, a corporation under the laws of Tennessee, on May 27, 1858, entered into contracts with the United States in the usual form to transport the mails both ways between Nashville and Chattanooga and between Tullahoma and McMinnville for four years' from July 1, 1858, at the yearly compensation of $32,750, payable…

1Opinion of the Court

Mr. Justxce Gray

delivered the opinion of the court. He recited the facts in the foregoing language, and continued:

The grounds on which the appellant contends that the claim now asserted is not barred by the decree rendered in 1871 in the former suit in the Circuit Court, resolve themselves into these two: First. That it is found as a fact that this claim was not litigated in that suit. Second. That it could not have been considered in that suit, because the facts show that the appellant aided in sustaining the rebellion, and therefore, as matter of law, payment to it of any claim against the…

2Cases cited2 opinions

  1. French v. ShotwellNew York Court of Chancery · 1821
  2. Winchester v. WinchesterMassachusetts Supreme Judicial Court · 1876

3Cited by88 opinions

  1. Swift & Co. v. United StatesSupreme Court of the United States · 1928
  2. Pope v. United StatesSupreme Court of the United States · 1944
  3. Fairley v. AndrewsCourt of Appeals for the Seventh Circuit · 2009
  4. Mock v. T.G. & Y. Stores Co.Court of Appeals for the Tenth Circuit · 1992
  5. Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895

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