United States v. Clyde
Supreme Court of the United States
Appeal from the Court of Claims. Clyde presented his petition in that court, claiming, by one count of it (the first), compensation for the use of his ferry-boat Tallacca.
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Appeal from the Court of Claims. Clyde presented his petition in that court, claiming, by one count of it (the first), compensation for the use of his ferry-boat Tallacca. The facts found by the court were, that on the 16th of November, 1862, the Tallacca, owned by the claimant and at the time lying at Alexandria, was chartered by Captain Ferguson, an assistant quartermaster of the United States army, at the rate of $115 per day, for every day she might be employed in the service of the United States, and until returned to the port whence taken; and that the said boat continued in the service…
1Opinion of the Court
Mr. -Justice BRADLEY
delivered the opinion of the court.
On the principles determined by this court in the late ease of the United States v. Child et al., ive think that the Court of Claims erred in the decision made. From the time that the order of the Quartermaster-General was made, disapproving of the charter-party and razeeing the rate for the whole period of service, the case was clearly one of dispute, at least, if not one of acquiescence on the part of the claimant. Notwithstanding this order he permitted his boat to remain in the service until the 31st of July, knowing the change of…
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