Legal Opinion

McKee v. United States

United States Court of Claims

Decided December 15, 1876PublishedCited by 15 opinions

The Reporters’ statement Of the'ease: The following are the facts found by the court upon which the final argument in the case was heard : I; In the year 1864, Brigadier-General John M. Thayer was in command of the District of the Frontier, Department of Arkansas, with headquarters at Fort Smith, and Greene Durbin, captain and assistant quartermaster, was chief quartermaster of said district; which district was in the Indian Territory, south of Kansas and west of Arkansas.

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The Reporters’ statement Of the'ease: The following are the facts found by the court upon which the final argument in the case was heard : I; In the year 1864, Brigadier-General John M. Thayer was in command of the District of the Frontier, Department of Arkansas, with headquarters at Fort Smith, and Greene Durbin, captain and assistant quartermaster, was chief quartermaster of said district; which district was in the Indian Territory, south of Kansas and west of Arkansas. II. During the spring, summer, and fall of 1864, owing to the low stage of water in the Arkansas River, it was…

1Opinion of the Court

Nott, J.,

delivered the following opinion :

This case contains four, causes of action, two of which are presented by the claimant and two by the defendants. The facts, briefly stated, are these :

In 1864 the claimant and a quartermaster entered into two contracts, the terms of which, however, are substantially identical. The claimant covenanted to furnish large quantities of hay at certain designated points in the Indian Territory; the defendants covenanted as follows: “It is expressly understood by the contracting parties that sufficient guards and escorts shall be furnished by the G-overnment…

2Cases cited6 opinions

  1. Baird v. United StatesSupreme Court of the United States · 1874
  2. Thompson v. United StatesUnited States Court of Claims · 1873
  3. Reed v. United StatesUnited States Court of Claims · 1868
  4. Garfielde v. United StatesSupreme Court of the United States · 1876
  5. Porter v. United StatesUnited States Court of Claims · 1873

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3Cited by15 opinions

  1. Tecom, Inc. v. United StatesUnited States Court of Federal Claims · 2005
  2. McKnight v. United StatesUnited States Court of Claims · 1877
  3. William Cramp & Sons Ship & Engine Building Co. v. United StatesSupreme Court of the United States · 1910
  4. Barnes v. District of ColumbiaUnited States Court of Claims · 1887
  5. McCollum v. United StatesUnited States Court of Claims · 1881

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