Legal Opinion

United States v. Hickey

Supreme Court of the United States

Decided February 10, 1873PublishedCited by 16 opinions

Appeal from the Court of Claims; the ease being thus : In July, 1851, the Secretary of the Treasury, on behalf of the United States, agreed with one Eldredge, to lease from him certain warehouses in the city of San Francisco for the term of ten years.

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Appeal from the Court of Claims; the ease being thus : In July, 1851, the Secretary of the Treasury, on behalf of the United States, agreed with one Eldredge, to lease from him certain warehouses in the city of San Francisco for the term of ten years. The rent for the first two years was fixed at $6000 per month, and it was agreed that at the expiration of every two years thereafter the secretary should have the privilege of having the -rent-fixed for the ensuing two years by a commission, of which the secretary should appoint' one member, Eldredge another, and that the two thus selected…

1Opinion of the CourtJustice Hunt

delivered the opinion of the court.-

By not appealing, the claimant has declared himself to be content with the disposition of the case by the Court of Claims. The appeal brings up only-the claim allowed. The rejected items, therefore, will receive no consideration, except so far as may be nécessary for a proper understanding of the item allowed.

It is said that the transaction with Hickey was an assignment to him by the United States, and not an under-letting. It was not an assignment, as the terms between the United States and Hickey were different from those between Eldredge and the United…

2Cited by16 opinions

  1. Alexander v. Cosden Pipe Line Co.Supreme Court of the United States · 1934
  2. Cochran v. M & M TRANSP. CO.Court of Appeals for the First Circuit · 1940
  3. St. Joseph & St. Louis Railroad v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1896
  4. United States v. EwingSupreme Court of the United States · 1891
  5. United States v. Tabor Court Realty Corp.Court of Appeals for the Third Circuit · 1991

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