Herrera v. United States
Supreme Court of the United States
APPEAL PROM THE COURT OP CLAIMS. The facts, which involve the jurisdiction of the Court of Claims and the liability of the TJnited States for use of enemy vessels seized during the war with Spain, are stated 'n the opinion, The President’s instructions of July 13,1898, govern the case at bar; and, while they were framed to meet the situation created by the capitulation of Santiago, they are in accordance with the laws of war defining the reciprocal rights and obligations of…
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APPEAL PROM THE COURT OP CLAIMS. The facts, which involve the jurisdiction of the Court of Claims and the liability of the TJnited States for use of enemy vessels seized during the war with Spain, are stated 'n the opinion, The President’s instructions of July 13,1898, govern the case at bar; and, while they were framed to meet the situation created by the capitulation of Santiago, they are in accordance with the laws of war defining the reciprocal rights and obligations of the occupying power and the inhabitants of the occupied territory — see decision of Sir William'Scott (Lord Stowell) in…
1Opinion of the CourtJustice McKenna
Petition in the Court of Claims for the recovery of $88,200 for the value of the use and profits of which claimants were deprived, as it is alleged, by the taking and detention of a certain steamship by the United States during the war with Spain, and for the loss of certain property belonging to and a part of such steamship alleged to be “fairly worth” the sum of $5,000, amounting in all to the sum of $93,200.
Claimants base their right to recover upon an impiied contract arising from the facts which we shall presently detail. Opposing this view, the Government contends that the property was…
2Cases cited10 opinions
- Miller v. United StatesSupreme Court of the United States · 1871
- Planters' Bank v. Union BankSupreme Court of the United States · 1873
- R. Ribas Y Hijo v. United StatesSupreme Court of the United States · 1904
- United States v. PadelfordSupreme Court of the United States · 1870
- Desmare v. United StatesSupreme Court of the United States · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Al-Quraishi v. NakhlaDistrict Court, D. Maryland · 2010
- United States v. Chemical Foundation, Inc.District Court, D. Delaware · 1924
- State of Russia v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1934
- Deutsch-Australische Dampfschiffs Gesellschaft v. United StatesUnited States Court of Claims · 1924
- Minniah Melong v. Micronesian Claims Commission, an Agency of the United StatesCourt of Appeals for the D.C. Circuit · 1977
8 more not listed; retrieve them via the Exa API.