Andrews v. United States
United States Court of Claims
On the Proofs. The Reporters'1 statement of the case: The following are.the facts of the case as found by the court: I. During the period for which this claim has been made the claimant was a captain in the Fifteenth Regiment of United States Cavalry, with a record of over 15 years’ service. II.
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On the Proofs. The Reporters'1 statement of the case: The following are.the facts of the case as found by the court: I. During the period for which this claim has been made the claimant was a captain in the Fifteenth Regiment of United States Cavalry, with a record of over 15 years’ service. II. The claimant having accepted employment with a commercial company was 'granted six months’ leave of absence, to take effect January 1, 1907, by paragraph 2, Special Orders, No. 305, War Department, dated December 28, 1906, which leave was extended for four months, to take effect July 1, 1907, and to…
1ConcurrenceHowRY, Judge
If the only question here involved was the moral right of this officer to take pay from the Government whilst availing himself of opportunity for business and pleasure of his own by an agreement to waive his Government pay, the officer would have no case appealing to the sense of right of any fair-minded man. In the legal phase of the matter the courts have gone so far in excluding defenses involving ■ waiver of compensation it must be conceded there is doubt as to the validity of the waiver. The result is so evidently just, however, it is a case where the doubt should be resolved against a…
2Cases cited2 opinions
- Rush v. United StatesUnited States Court of Claims · 1898
- Rush v. United StatesUnited States Court of Claims · 1900