Stowe v. United States
Supreme Court of the United States
Appeal from the Court of Claims, the case as found by that court being this : In October, 1863, the quartermaster’s department entered into a written contract with one Stowe, to deliver mixed grain at certain prices agreed on. The contract was fulfilled, and a balance found due upon it to Stowe.
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Appeal from the Court of Claims, the case as found by that court being this : In October, 1863, the quartermaster’s department entered into a written contract with one Stowe, to deliver mixed grain at certain prices agreed on. The contract was fulfilled, and a balance found due upon it to Stowe. The government having neglected to pay a portion of this balance, Stowe, at the request of one White, executed a power of attorney — in blank as respected the name of the attorney — to get the balance yet claimed as due. The power authorized-for the principal, Stowe, to collect and receive any and all…
1Opinion of the CourtJustice Davis
We think that the claim was rightly dismissed on the ground of the conclusiveness of the settlement with White. Stowe, by his own action, is estopped from disputing the validity of the settlement. If it be conceded that the power of attorney was not an effective instrument for any purpose, because not executed in conformity with law, the concession cannot operate to the advantage of Stowe, because he acted in such a way after the suit was brought as to preclude him from assuming the position he took in his amended petition. This action has induced the accounting officers of the government to…
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