Salomon v. United States
United States Court of Claims
This suit is brought on a quartermaster’s voucher, delivered to the claimant by Captain Turnley, dated October 15, 1805, for the sum of $4,116.20. The consideration of the voucher was the delivery of thirty-seven thousand four hundred and thirty pounds of corn at Camp Fillmore, at eleven cents per pound, about the 1st of October, 1865, in fulfillment of a contract made in July, 1864, between Captain Mullin, assistant quartermaster, and the claimant.
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This suit is brought on a quartermaster’s voucher, delivered to the claimant by Captain Turnley, dated October 15, 1805, for the sum of $4,116.20. The consideration of the voucher was the delivery of thirty-seven thousand four hundred and thirty pounds of corn at Camp Fillmore, at eleven cents per pound, about the 1st of October, 1865, in fulfillment of a contract made in July, 1864, between Captain Mullin, assistant quartermaster, and the claimant. Under the rules of this court the claimant, by way of inducement merely, has set out this contract in his petition. But he relies and declares…
1Opinion of the Court
Drake, Ch. J.,
delivered the following opinion :
Upon the facts found by the court, my views are as follows:
The claimant’s case is presented ,on two theories, one contained in his petition, and the other in the brief of his counsel.
The former proceeds upon the contract of July 28, 1804, entered into between the claimant and Captain Mullin, assistant quartermaster, and annexed to and made part of the petition; under which the claimant’s petition avers “that he delivered *486at Camp Fillmore, in tbe month of September, 1864, sis hundred and forty-nine bushels of corn, of the weight, character, and…
2Cases cited1 opinion
- Compton v. JonesNew York Supreme Court · 1825
3Cited by3 opinions
- Maryland Steel Co. v. United StatesUnited States Court of Claims · 1912
- Horton v. United StatesUnited States Court of Claims · 1923
- Klebe v. United StatesUnited States Court of Claims · 1922