Smith v. United States
United States Court of Claims
The Reporters statement of the case. The following are the facts as found by the court: I. In June, 1S69, the claimant was and still is a paymaster in the Army. II.
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The Reporters statement of the case. The following are the facts as found by the court: I. In June, 1S69, the claimant was and still is a paymaster in the Army. II. On the 25th June, 1869, while the claimant was traveling to pay troops, he lost from a railroad train in motion near Bryan, Tex., a package of money containing $500. The loss was caused by the accidental falling of the claimant’s clerk, and was without fault or negligence on the part of the claimant, who was transporting the money in the manner in which paymasters’ funds are ordinarily transported in like circumstances, and…
1Opinion of the Court
Nott, J.,
delivered tbe opinion of tbe court:
This is a suit brought by a paymaster in tbe Army for relief under tbe Disbursing Officers Act (Rev. Stat., § 1059,1062) in regard to a package of Government funds lost without fault or negligence on bis part, but for which be has been held responsible by tbe Paymaster-General.
*118The loss occurred on the 25tb June, 1869; the claimant'was ordered to mate good the loss out of his own funds on 13th July, 1871; and he did so on the 20th December, 1871. But this suit for relief was not brought until the 18th April, 1878. llore than sis years, consequently,…
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