United States v. Berdan Fire-Arms Manufacturing Co.
Supreme Court of the United States
APPEALS FROM THE COURT OF CLAIMS. These are cross-appeals from a judgment of the Court of Claims, entered December 8, 1890, in favor of the petitioner against the United States, for the sum of $95,004.86. The case as it was presented in the Court of Claims contained two distinct causes of action, each founded upon a patent issued to Hiram Berdan and by him assigned to petitioner.
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APPEALS FROM THE COURT OF CLAIMS. These are cross-appeals from a judgment of the Court of Claims, entered December 8, 1890, in favor of the petitioner against the United States, for the sum of $95,004.86. The case as it was presented in the Court of Claims contained two distinct causes of action, each founded upon a patent issued to Hiram Berdan and by him assigned to petitioner. The first patent was dated February 27, 1866, being No. 52,925, and entitled “ improvement in breech-loading fire-arms.” The second was dated March 30,1869, being No. 88,436, and entitled in the same way. The court…
1Opinion of the CourtJustice Brewer
Three questions are presented: First, did the court err in denying relief to the petitioner on the first cause of action; second, was the petitioner entitled to recover from the United States on the second cause of action; and, third, if so, was there any mistake in the amount awarded ?
With respect to the first little need be said. The ninth finding is express, that the government never bought any guns from petitioner, (for the word “ defendants ” is obviously a clerical error,) and has never manufactured a gun after the model recommended by the Hancock board. It, therefore, never received…
2Cases cited7 opinions
- Schillinger v. United StatesSupreme Court of the United States · 1894
- Gibbons v. United StatesSupreme Court of the United States · 1869
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- United States v. PalmerSupreme Court of the United States · 1888
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