Wilder v. United States
United States Court of Claims
The claimant, Amherst H. Wilder, is the assignee of the late copartnership firm of J. C. and H. C. Burbank & Co., of which he was a member. This claim originated as follows: On the 17th day of July, A. D. 1SG3, Captain E. B. Carling, assistant quartermaster United States Army, ordered J. C. and H. C. Burbank & Co. to transport without delay 25,000 rations and 100,000 pounds of hard bread lrom'St. Paul to Fort Abercrombie, Dakota Territory.
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The claimant, Amherst H. Wilder, is the assignee of the late copartnership firm of J. C. and H. C. Burbank & Co., of which he was a member. This claim originated as follows: On the 17th day of July, A. D. 1SG3, Captain E. B. Carling, assistant quartermaster United States Army, ordered J. C. and H. C. Burbank & Co. to transport without delay 25,000 rations and 100,000 pounds of hard bread lrom'St. Paul to Fort Abercrombie, Dakota Territory. Captain Carling did this pursuant to orders from the general commanding the district. The said firm transported the commissary stores as ordered, the…
1Opinion of the CourtNott, J.
This is an action brought to recover $3,516 21, being a balance due under a parol agreement for the transportation of army supplies.
Serious doubts are entertained by the court whether a payment made by a quartermaster within six years of the time of bringing the action, can take the case out of the statute of limitations,, especially when the balance was never admitted by the defendants’ agents to be due, and the payment was made by them avowedly upon another and different contract, previously subsisting between the parties, though relating to the same services. But inasmuch as this statute…
2Cited by2 opinions
- Booth v. National India Rubber Co.Supreme Court of Rhode Island · 1897
- Robson v. Mississippi River Logging Co.U.S. Circuit Court for the District of Northern Iowa · 1890