Reed v. United States
United States Court of Claims
I. The boat having gone into the government service, in pursuance of an order of seizure by the quertermaster in charge of river transportation at St. Louis, for a special purpose, required by the wants of the service, the quartermaster acting in the line of his duty, an implied contract was thereby created binding the government to make such reasonable compensation for the use and detention of said boat as the law would award were the action between individuals. II.
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I. The boat having gone into the government service, in pursuance of an order of seizure by the quertermaster in charge of river transportation at St. Louis, for a special purpose, required by the wants of the service, the quartermaster acting in the line of his duty, an implied contract was thereby created binding the government to make such reasonable compensation for the use and detention of said boat as the law would award were the action between individuals. II. It is immaterial, so far as the right of the owners to compensation is concerned, whether the boat was constantly employed by…
1Opinion of the Court
Casey, C. J.,
delivered tbe opinion of tbe court:
Tbe claimants in this case were, on tbe 1st day of June, 1865, tbe owners of a side-wheel steamboat called Belle Peoria. She was then lying at ber wharf in tbe city of St. Louis. Tbe owners were applied to by Colonel Metcalf, United States quartermaster at St. Louis, to take a cargo of military supplies to Fort Berthold, on tbe Missouri river, about 1,700 miles from St. Louis. They declined, on account of tbe lateness of tbe season. He then ordered them to prepare for tbe trip, and informed them that in case of refusal tbe boat would be…
2Cited by2 opinions
- McKee v. United StatesUnited States Court of Claims · 1876
- Plant Investment Co. v. United StatesUnited States Court of Claims · 1910