Legal Opinion

Cartas v. United States

United States Court of Claims

Decided February 10, 1913No. 22582Published

The Reporters’’ statement of the case: It being held that the court had not jurisdiction of the case, no findings were filed; but the facts so far as necessary to an understanding of the jurisdictional question will be found stated in the opinion of the court. The court has jurisdiction in this case, because the action is ex contraotu and does not sound in tort.

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The Reporters’’ statement of the case: It being held that the court had not jurisdiction of the case, no findings were filed; but the facts so far as necessary to an understanding of the jurisdictional question will be found stated in the opinion of the court. The court has jurisdiction in this case, because the action is ex contraotu and does not sound in tort. The suit is not to recover damages arising from negligence or wrongdoing on the part of an officer of the United States. True, the defendants in attempting to show performance, and in failing to do so, have shown negligence, but this…

1Opinion of the CourtBarnet, J.

This suit is brought to recover the sum of $51,000 alleged to have been deposited for safe-keeping pursuant to Navy Eegulations with the officer in command of a United States naval vessel. The facts set out in the petition are in substance as follows:

The claimant is the grandson and the only living descendant of one Carlos de Castillos. In January, 1869, which was about the beginning of the revolutionary outbreak in Cuba, Castillos, being under suspicion by the Spanish authorities, intrusted to the United States consul at Habana, Cuba, 3,000 ounces of Spanish gold of the value of $51,000 for…

2Cases cited5 opinions

  1. Boughton v. United StatesUnited States Court of Claims · 1876
  2. Kyle v. United StatesUnited States Court of Claims · 1911
  3. Pharis v. United StatesUnited States Court of Claims · 1880
  4. Sausser v. United StatesUnited States Court of Claims · 1873
  5. Cottle v. State Road CommissionWest Virginia Court of Claims · 1942

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