Trist v. Child
Supreme Court of the United States
N. P. Trist having a claim against the United States for his services, rendered in 1848, touching the treaty of Guadelupe Hidalgo — a claim which the government had not recognized — resolved, in 1866-7 to submit it to Congress and to ask payment of it. And he made an agreement with Linus Child, of Boston, that Child should take charge of the claim and prosecute it before Congress as his agent and attorney.
Read the full summary
N. P. Trist having a claim against the United States for his services, rendered in 1848, touching the treaty of Guadelupe Hidalgo — a claim which the government had not recognized — resolved, in 1866-7 to submit it to Congress and to ask payment of it. And he made an agreement with Linus Child, of Boston, that Child should take charge of the claim and prosecute it before Congress as his agent and attorney. As a compensation for his services it was agreed that Child should receive 25 per-cent. of whatever sum Congress might allow in payment of the claim. • If nothing was allowed, Child was to…
1Opinion of the CourtJustice Swayne
The court below decreed to the appellee the amount of his claim, and enjoined Trist from receiving from the treasury “ any of the money appropriated to him ” by Congress, until he should have paid the demand of the appellee.
This decree, as regards that portion of the fund not claimed by the appellee, is an anomaly. Why the claim should affect that part of the fund to which it had no relation, is not easy to be imagined. This feature of the decree was doubtless the result of oversight and inadvertence. The bill proceeds upon the grounds of the validity of the original contract, and a…
2Cases cited4 opinions
- Fisher v. New-York Common PleasNew York Supreme Court · 1836
- Hatzfield v. GuldenSupreme Court of Pennsylvania · 1838
- Bradley v. RootNew York Court of Chancery · 1836
- F. J. Harrison & Co. v. SmithCourt of Appeals of Texas · 1884
3Cited by270 opinions
- Sorrells v. United StatesSupreme Court of the United States · 1932
- Simler v. ConnerSupreme Court of the United States · 1963
- Sereboff v. Mid Atlantic Medical Services, Inc.Supreme Court of the United States · 2006
- Muschany v. United StatesSupreme Court of the United States · 1945
- Hurd v. HodgeSupreme Court of the United States · 1948
265 more not listed; retrieve them via the Exa API.