Legal Opinion

Kinkead v. United States

Supreme Court of the United States

Decided December 4, 1893No. 83PublishedCited by 22 opinions

APPEAL EROM THE COURT OE CLAIMS. This was a petition by John H. Kinkead and Samuel Sussinan, claiming to be the owners and lawfully possessed of a certain warehouse in Sitka, Alaska, for the rent of a part of such warehouse at the rate of $200 per month, from December 15, 1868, to December 15, 1888, the date of the petition, amounting to $48,000; and also the further sum of $69,300 for rent of another part of the same building from September 12, 1869, to December 15,1888;…

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APPEAL EROM THE COURT OE CLAIMS. This was a petition by John H. Kinkead and Samuel Sussinan, claiming to be the owners and lawfully possessed of a certain warehouse in Sitka, Alaska, for the rent of a part of such warehouse at the rate of $200 per month, from December 15, 1868, to December 15, 1888, the date of the petition, amounting to $48,000; and also the further sum of $69,300 for rent of another part of the same building from September 12, 1869, to December 15,1888; together with the further sum of $50,000 for the value of the building; the aggregate amount of the claim being $167,300.…

1Opinion of the CourtJustice Brown

Petitioners’ title to the building in question,' which, they claim.to have bought of the Russian-American Company, a Russian corporation, soon after .the cession of Alaska to the ’United States, depends upon the construction to be given to the treaty of March 30, 1867, between His •Majesty the Emperor of Russia and the United States, 15 Stat. 539, the correspondence and protocol Connected therewith, and the act of Congress of January 17, 1887, referring this claim to the Court of Claims for adjudication. • Upon the hearing in the Court of Claims, the court found “ that at the time Alaska was…

2Cases cited5 opinions

  1. Comegys v. VasseSupreme Court of the United States · 1828
  2. Mott v. . PalmerNew York Court of Appeals · 1848
  3. Branson v. WirthSupreme Court of the United States · 1873
  4. Madigan v. McCarthyMassachusetts Supreme Judicial Court · 1871
  5. United States v. JordanSupreme Court of the United States · 1885

3Cited by22 opinions

  1. Factor v. LaubenheimerSupreme Court of the United States · 1933
  2. Universal Adjustment Corp. v. Midland Bank, Ltd., of LondonMassachusetts Supreme Judicial Court · 1933
  3. Nielsen v. JohnsonSupreme Court of the United States · 1929
  4. Blacklock v. United StatesSupreme Court of the United States · 1908
  5. Miller v. United StatesCourt of Appeals for the Ninth Circuit · 1947

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