United States v. Wilder
Supreme Court of the United States
Appeal from tbe Court of Claims. On the 23d of May, 1861, Burbank & Co. contracted with Major McKinstry, a quartermaster of the United States, to furnish transportation for all public stores from St. Paul to Port Abercrombie, at the rate of $2.90 per 100 lbs.
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Appeal from tbe Court of Claims. On the 23d of May, 1861, Burbank & Co. contracted with Major McKinstry, a quartermaster of the United States, to furnish transportation for all public stores from St. Paul to Port Abercrombie, at the rate of $2.90 per 100 lbs. The contract specified no period of duration, but the parties acted under and in pursuance of its terms, until the 19th of July, 1863. On that day, Captain Carling, an assistant quartermaster in charge of the department at St. Paul, being obliged, in a military exigency, to send forward quartermaster and commissary stores to Port…
1Opinion of the CourtJustice Davis
We think the Court of Claims erred in deciding that the claimant was not barred by the provision in tiie act reorganizing that court. The claim accrued on the 31st of July, 1863, because the services were rendered at that time. The petition was not filed until six years afterwards. The claim was, therefore, barred by the statute, unless, in some way, taken out of it. It is insisted that this has been done by a payment of a portion of the demand within the six years, and this presents the only question for consideration.
This court has' not adopted the rule of decision made at one time in…
2Cases cited2 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Clementson v. WilliamsSupreme Court of the United States · 1814
3Cited by45 opinions
- Sheppard v. Peabody Ins.West Virginia Supreme Court · 1883
- Arthur & Co. v. BurkeWashington Supreme Court · 1915
- Good v. EhrlichSupreme Court of Kansas · 1903
- Baggett Transportation Company v. The United StatesUnited States Court of Claims · 1963
- Stubblefield v. McAuliffWashington Supreme Court · 1898
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