Looney v. District of Columbia
United States Court of Claims
This suit was brought December 13, 1880. After the evidence had been filed showing that the claim sued upon had been rejected by the Board of Audit, the claimant abandoned its prosecution in this court. The defendant immediately, on on the 11th of May, 1882, filed a plea of set-off or counter-claim to recover back from the claimant the sum of $500 overpaid to him in 1874 by the Board of Public Works, upon the settlement of another and different account.
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This suit was brought December 13, 1880. After the evidence had been filed showing that the claim sued upon had been rejected by the Board of Audit, the claimant abandoned its prosecution in this court. The defendant immediately, on on the 11th of May, 1882, filed a plea of set-off or counter-claim to recover back from the claimant the sum of $500 overpaid to him in 1874 by the Board of Public Works, upon the settlement of another and different account. The following are the facts found by the court: I. The claimant, on the 11th day of December, A. D. 1872, entered into a written contract…
1Opinion of the Court
*11OPINION.
Richardson, J.,
delivered tbe opinion of tbe court:
Tbe cause of action presented by tbe claimant’s petition in this case is a balance of $500 alleged to be due bim for hauling and piling soil on Fourteenth street east, in Washington, in tbe months of September, October, November, and December, 1872.
After tbe claimant had taken some testimony, tbe defendants, on tbe 11 tb of May, 1882, filed in court a return of papers from tbe Commissioners of tbe District, made upon tbe call of tbe Assistant Attorney-General, which showed that this very claim bad been rejected by the Board of Audit.…
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