Eaton v. Mellus
Massachusetts Supreme Judicial Court
Action of contract. The declaration alleged that the defendants assigned to the plaintiff, in payment for goods sold to them in California in 1847, a claim upon the United States for $1,000 ; but had previously acknowledged in writing that they bad received payment of said sum from the officer who signed the certificate ; and had thus by their own act discharged their alleged claim, and the United States had refused to pay it to the plaintiff, but paid it to John C. Fremont,…
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Action of contract. The declaration alleged that the defendants assigned to the plaintiff, in payment for goods sold to them in California in 1847, a claim upon the United States for $1,000 ; but had previously acknowledged in writing that they bad received payment of said sum from the officer who signed the certificate ; and had thus by their own act discharged their alleged claim, and the United States had refused to pay it to the plaintiff, but paid it to John C. Fremont, to whom said officer certified it to be due; and thereby the defendants became liable to pay the plaintiff said sum of…
1Opinion of the CourtBigelow, J.
Upon a careful examination and consideration of the evidence in this case, the facts satisfactorily proved by the plaintiff may be briefly stated as follows:
The firm of Melius & Howard, doing business in California, on the 1st of December 1846, at Pueblo de los Angeles, sold to the United States five hundred pounds of rifle powder at two dollars a pound. The purchase was made in the name and behalf of the United States by John K. Wilson, a lieutenant in the navy of the United States, but then acting as ordnance officer of the “ California Battalion of United States forces ” under the command…
2Cases cited5 opinions
- Wickliffe's Executors v. PrestonCourt of Appeals of Kentucky · 1862
- Bardstown & Louisville Railroad v. MetcalfeCourt of Appeals of Kentucky · 1862
- Claim of Jacobs v. AdamsSupreme Court of the United States · 1781
- Letcher v. WoodsonU.S. Circuit Court for the District of Virginia · 1811
- Barnard v. CongerU.S. Circuit Court for the District of Michigan · 1855
3Cited by1 opinion
- Hoge v. WardWest Virginia Supreme Court · 1930