Legal Opinion

Harley v. United States

Supreme Court of the United States

Decided May 8, 1905No. 195PublishedCited by 39 opinions

APPEAL FROM THE COURT OF CLAIMS. Appellant sued in the Court of Claims to recover the sum of $102,000, for the use, during the six years preceding the commencement of the suit, of a device invented by thé appellant for registering impressions in connection with printing presses. The Court of Claims dismissed the pétition. The findings of the Court of Claims are as follows: “II.

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APPEAL FROM THE COURT OF CLAIMS. Appellant sued in the Court of Claims to recover the sum of $102,000, for the use, during the six years preceding the commencement of the suit, of a device invented by thé appellant for registering impressions in connection with printing presses. The Court of Claims dismissed the pétition. The findings of the Court of Claims are as follows: “II. In November, 1869, the Secretary of the Treasury determined that certain valuable securities should not be printed in the Bureau of Engraving and Printing until proper ' and reliable registers should be attached to the…

1Opinion of the CourtJustice McKenna

The question in the case is whether, on these facts, a contract arose between the United States and the appellant, whereby the United States promised to pay him for the use of his device.

We held in Russell v. United States, 182 U. S. 516, 530, that in order to give the Court of Claims jurisdiction, under the act of March 3, 1887, 24 Stat. 505, c. 359, defining claims of which the Court of Claims had jurisdiction, the demand sued on must be founded on “a convention between the parties — ‘a coming together of minds.’ ” And we excluded, as not meeting this condition, those contracts or…

2Cases cited4 opinions

  1. United States v. LynahSupreme Court of the United States · 1903
  2. Schillinger v. United StatesSupreme Court of the United States · 1894
  3. United States v. Berdan Fire-Arms Manufacturing Co.Supreme Court of the United States · 1895
  4. Russell v. United StatesSupreme Court of the United States · 1901

3Cited by39 opinions

  1. Baltimore & Ohio Railroad v. United StatesSupreme Court of the United States · 1923
  2. Portsmouth Harbor Land & Hotel Co. v. United StatesSupreme Court of the United States · 1922
  3. Crozier v. Fried. Krupp AktiengesellschaftSupreme Court of the United States · 1912
  4. Peabody v. United StatesSupreme Court of the United States · 1913
  5. William Cramp & Sons Ship & Engine Building Co. v. International Curtis Marine Turbine Co.Supreme Court of the United States · 1918

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