Eastern Extension, Australasia & China Telegraph Co. v. United States
United States Court of Claims
The Reporter's statement of the case: The allegations- of the petition will be found sufficiently stated in the opinion of the court. The liability for debt arising from the personal obligation does not pass with the ceded territory, unless stipulated for in the treaty of cession.
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The Reporter's statement of the case: The allegations- of the petition will be found sufficiently stated in the opinion of the court. The liability for debt arising from the personal obligation does not pass with the ceded territory, unless stipulated for in the treaty of cession. (Hall on International Law, 4th ed., p. 104, note; see also note, p. 99.) The United States, through its commissioners, negotiating the treaty of Paris, specifically refused to assume the obligation constituting the subject matter of this action. The American commissioners refused to pay the claim in controversy, at…
1Opinion of the Court
Peelle, Ch. J.,
delivered the opinion of the court:
The defendants’ motion to dismiss the petition in this case was heretofore overruled (46 C. Cls., 646) on the ground that while the United States were not liable under their treaty with Spain for the annual subsidy agreed to be paid by the Government of Spain for the construction of the cables, as set forth in the petition, they were liable on an implied contract to make reasonable compensation for the use of the cables.
Since this ruling the Government has interposed a demurrer to the petition on the ground: “ First. It does not set forth…
2Cases cited24 opinions
- Downes v. BidwellSupreme Court of the United States · 1901
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- The Paquete HabanaSupreme Court of the United States · 1899
- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
- United States v. PerchemanSupreme Court of the United States · 1833
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3Cited by2 opinions
- Eastern Extension, Australasia & China Telegraph Co. v. United StatesSupreme Court of the United States · 1913
- Eastern Extension, Australasia & China Telegraph Co. v. United StatesUnited States Court of Claims · 1919