United States v. Moser

This is a suit against the United States to recover the amount of the difference between the pay of a Captain and a Rear Admiral in the Navy, based upon § 11 of the Navy Personnel Act of March 3, 1899, c. 413, 30 Stat. 1004, 1007, as follows: “ That any officer of the Navy, with a creditable record, who served during the civil war, shall, when retired, be retired with the rank and three-fourths the sea pay of the next higher grade.”

Claimant, having served forty years from the date of his entrance into the Naval Academy, was retired under § 1443 Rev. Stats., which reads: “ When any officer of…