United States v. Wardwell
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. This is an appeal from the Court of Claims. The facts as found by that court are that in June, 1869, three cheques were drawn in favor of William Y. B. Wardwell, one by Major W. B. Rochester, paymaster, United States Army, and two by Major M. I. Ludington, quartermaster, United States Army, all drawn on the Assistant Treasurer of the United States in New York, and in payment of lawful claims of Wardwell against the United States.
Read the full summary
APPEAL FROM THE COURT OF CLAIMS. This is an appeal from the Court of Claims. The facts as found by that court are that in June, 1869, three cheques were drawn in favor of William Y. B. Wardwell, one by Major W. B. Rochester, paymaster, United States Army, and two by Major M. I. Ludington, quartermaster, United States Army, all drawn on the Assistant Treasurer of the United States in New York, and in payment of lawful claims of Wardwell against the United States. Subsequently to the issue of the cheques and while still in the possession and ownership of Wardwell they were lost or destroyed,…
1Opinion of the CourtJustice Brewer
Section 1069, Revised Statutes, is not merely a statute of limitations but also jurisdictional in its nature, and limiting the cases of which the Court of Claims can take cognizance. Finn v. United States, 123 U. S. 227.
Counsel for the government contend that the claim against the United States first accrued in 1869, when the cheques were issued, or, if not then, at least in 1872, when they were lost or destroyed, and, therefore, this being twenty-four years before the commencement of this suit, that the claim was barred. If there were nothing to be considered but the single section referred…
2Cases cited6 opinions
- Finn v. United StatesSupreme Court of the United States · 1887
- Marine Bank v. Fulton BankSupreme Court of the United States · 1865
- United States v. TaylorSupreme Court of the United States · 1881
- Phœnix Bank v. RisleySupreme Court of the United States · 1884
- United States v. CooperSupreme Court of the United States · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Nager Electric Company, Inc. And Keystone Engineering Corporation v. The United StatesUnited States Court of Claims · 1966
- John R. Sand & Gravel Company v. United StatesCourt of Appeals for the Federal Circuit · 2006
- Robert Hardin v. City Title & Escrow CompanyCourt of Appeals for the D.C. Circuit · 1986
- United States Ex Rel. Louisville Cement Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1918
- Spinoso v. Heilman (In Re Heilman)United States Bankruptcy Court, D. Maryland · 1999
41 more not listed; retrieve them via the Exa API.