United States v. Shea
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. The facts of this case are stated in the findings of the Court of Claims. The first is that on May 28, 1886, the petitioner entered into a contract with the Deputy Quartermaster-General of the Army for and in behalf of the United States, the important articles of which are as follows : “Article 1. That the said Daniel Shea shall provide and furnish to the party of the first part, whenever called upon during the fiscal year ending June…
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APPEAL FROM THE COURT OF CLAIMS. The facts of this case are stated in the findings of the Court of Claims. The first is that on May 28, 1886, the petitioner entered into a contract with the Deputy Quartermaster-General of the Army for and in behalf of the United States, the important articles of which are as follows : “Article 1. That the said Daniel Shea shall provide and furnish to the party of the first part, whenever called upon during the fiscal year ending June .thirtieth, eighteen hundred and eighty-seven, such vessels of the descriptions hereinafter given as may be required to take…
1Opinion of the Court
Me. Justice Bee wee,
after stating the case, delivered the opinion of the court.
This case turns upon the construction to be given to the contract of May 28, 1886, taken in connection with the action of the parties thereunder. "Was this a contract of hiring or for service? In Reed v. United States, 11 Wall. 591, 600, it was said by Mr. Justice Clifford, speaking for the court:
“Affreightment contracts are of two' kinds, and they differ from each other very widely in their nature as well as in their terms and legal effect.
“ Charterers or freighters may become the owners for the voyage without any…
2Cases cited8 opinions
- Leary v. United StatesSupreme Court of the United States · 1872
- Reed v. United StatesSupreme Court of the United States · 1871
- Marcardier v. Chesapeake InsuranceSupreme Court of the United States · 1814
- Gracie v. PalmerSupreme Court of the United States · 1823
- Hooe & Co. v. GrovermanSupreme Court of the United States · 1803
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3Cited by121 opinions
- Reed v. the YakaSupreme Court of the United States · 1963
- Cosmopolitan Shipping Co. v. McAllisterSupreme Court of the United States · 1949
- Guzman v. PichiriloSupreme Court of the United States · 1962
- Dampskibsselskabet Dannebrog v. Signal Oil & Gas Co. of Cal.Supreme Court of the United States · 1940
- Hust v. Moore-McCormack Lines, Inc.Supreme Court of the United States · 1946
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