Colman v. United States
United States Court of Claims
On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found bj^ the. court: I. Charles D. Colman, mentioned in the petition, was appointed by the President, J une 2,1863, provost-marshal for the First Congressional district of the State of Missouri, wilh the rank of captain of cavalry.
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On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found bj^ the. court: I. Charles D. Colman, mentioned in the petition, was appointed by the President, J une 2,1863, provost-marshal for the First Congressional district of the State of Missouri, wilh the rank of captain of cavalry. Prior to February 25, 1865, he received from numerous drafted men or from their brokers various sums .of money upon the express trust that when a substitute tendered by such drafted men was accepted and enrolled the deposit should be paid to the substitute, and that in…
1DissentHowry, J.
Reprehensible as Colman’s conduct, was from a military point of view, and questionable as his receipt of the money of the- drafted men to pay to substitutes for them may seem to be, measured by those standards of ethics which properly prevail among men of sensibility, I am unable to see whjr a lawful right should be partly defeated by the application of a rule mistaken for one of morals and specialty framed to meet the exigencies of a particular case. Concurring in the judgment of the court as far as it goes, yet it does not seem to go far enough. The judgment should be for $30,049.
The…
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