Spofford v. Kirk
Supreme Court of the United States
Appear from the Supreme Court of the District of Columbia. James B. Kirk employed Hosmer & Co. to prosecute his claim for $12,000 against the United States, for supplies furnished to the army during the war of the rebellion, and for damages sustained by reason of the military occupation of his property. Before the allowance of the claim, he drew upon that firm the following orders: — “ Culpeper Court-house, Va., “Jan. 14,1873. “Messrs.
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Appear from the Supreme Court of the District of Columbia. James B. Kirk employed Hosmer & Co. to prosecute his claim for $12,000 against the United States, for supplies furnished to the army during the war of the rebellion, and for damages sustained by reason of the military occupation of his property. Before the allowance of the claim, he drew upon that firm the following orders: — “ Culpeper Court-house, Va., “Jan. 14,1873. “Messrs. Hosmer & Co., of Washington City, D. C-, will please pay to J. S. Wharton, or order, six hundred ($600) dollars out of whatever moneys may be coming into your…
1Opinion of the CourtJustice Strong
Whether the orders, drawn as they were upon a designated fund, made payable to order, and accepted by the drawees, are held by the indorsee free from any equities existing between the payees and the drawer, though the indorsee purchased them without any notice of such equities, is a question which the case does not require us to consider. It has been ably and elaborately argued by the .counsel for the appellant, and if the orders could have any legal effect, we might be compelled to answer it. But there is a primary question which must be met and determined before we reach the one principally…
2Cases cited1 opinion
- United States v. GillisSupreme Court of the United States · 1877
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