Bogert v. United States
United States Court of Claims
By the terms of the charter-party the “ war risk” was to be borne by the United States; the “ marine risk” by the owner. While the “ Haxall” was-in the military service of the United States, under this contract, it was sunk in the James river by order of Major General B. F. Butler, commanding the department of the James, in which department the said schooner then and there was, and it became a total loss. That the United States was bound to pay does not seem to be disputed.
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By the terms of the charter-party the “ war risk” was to be borne by the United States; the “ marine risk” by the owner. While the “ Haxall” was-in the military service of the United States, under this contract, it was sunk in the James river by order of Major General B. F. Butler, commanding the department of the James, in which department the said schooner then and there was, and it became a total loss. That the United States was bound to pay does not seem to be disputed. The question at issue is, how much should be paid for thisloss 1 ■ To guard against abuses, the Quartermaster General at…
1Opinion of the Court
Nott, J.,
delivered the opiuion of the court:
This is an action brought to recover $3,717 84, being a balance, as is alleged, dile to the claimant upon the charter-party of the schooner Haxall. The case comes before us on a special demurrer to the petition.
The act 4th July, 1864, (13 Stat. L., 381,) provides that the jurisdiction of this court “ shall not extend to or include any claim” “ growing out of the destruction or appropriation of, or damage to, property by the army or navy.” The petition of the claimant sets forth that the schooner. Haxall “was sunk by order of Major General Benjamin…
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