Bailey v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. Suit to recover $200,070.34 from the United States, the same having been previously paid to a person holding the duly executed power of attorney of the plaintiffs; the plaintiffs claiming that the power was absolutely void under the provisions of the acts contained in 9 Stat. 41, and 10 Stat. 170. By a decree passed March 25th, 1868, in the District Court of the United States for the Southern District of New York, certain sums of money were…
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APPEAL FROM THE COURT OF CLAIMS. Suit to recover $200,070.34 from the United States, the same having been previously paid to a person holding the duly executed power of attorney of the plaintiffs; the plaintiffs claiming that the power was absolutely void under the provisions of the acts contained in 9 Stat. 41, and 10 Stat. 170. By a decree passed March 25th, 1868, in the District Court of the United States for the Southern District of New York, certain sums of money were ascertained to be due on account of the illegal capture of the British steamer Labuan and her cargo by a cruiser of the…
1Opinion of the CourtJustice Harlan
After reciting the facts he continued :
It is contended, on behalf of appellants, that the power of attorney executed in 1869 to Godeffroy — upon the authority of which alone was payment made to hhn — was, under the laws of the United States, absolutely null and void; consequently, no payment under it could bind the claimants or discharge the government from its obligation to pay the sums specified in the act of 1870. This presents the controlling question on the present appeal. Its determination depends upon the construction to be given to the act of July 29th, 1846, 9 Stat. 41, entitled “ An…
2Cases cited4 opinions
- Goodman v. NiblackSupreme Court of the United States · 1881
- Erwin v. United StatesSupreme Court of the United States · 1878
- United States v. GillisSupreme Court of the United States · 1877
- Spofford v. KirkSupreme Court of the United States · 1878
3Cited by46 opinions
- Hobbs v. McLeanSupreme Court of the United States · 1886
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Martin v. National Surety Co.Supreme Court of the United States · 1937
- McGowan v. ParishSupreme Court of the United States · 1915
- Price v. ForrestSupreme Court of the United States · 1899
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