Legal Opinion

Finn v. United States

Supreme Court of the United States

Decided October 31, 1887No. 1008PublishedCited by 213 opinions

The following is the case, as stated by the court. The plaintiff seeks judgment in this case against the United States for the sum of $15,678 as the value of certain horses and mules which he claims to have purchased for, and delivered to, the United States, at their special instance and request, on or about October 14, 1863. He also asks interest from that date, on said sum, at the rate of six per cent per annum, until his demand is paid.

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The following is the case, as stated by the court. The plaintiff seeks judgment in this case against the United States for the sum of $15,678 as the value of certain horses and mules which he claims to have purchased for, and delivered to, the United States, at their special instance and request, on or about October 14, 1863. He also asks interest from that date, on said sum, at the rate of six per cent per annum, until his demand is paid. The claim was never presented to any executive department of the Government until July 3,1874, on which day it was filed in the office of the Quartermaster…

1Opinion of the Court

Mr. Justice

Harlan delivered the opinion of the court.

In United States v. Lippitt, 100 U.S. 663, 668, 669, it was held that `limitation is not pleadable in the Court of Claims against a claim cognizable therein, and which has been referred by the head of an executive department for its judicial determination, provided such claim was presented for settlement at the proper department within six years after it first accrued; that is, within six years after suit could be commenced thereon against the Government. Where the claim is of such a character that it may be allowed and settled by an…

2Cases cited4 opinions

  1. Nichols v. United StatesSupreme Court of the United States · 1869
  2. United States v. LippittSupreme Court of the United States · 1880
  3. Ford v. United StatesSupreme Court of the United States · 1886
  4. United States v. McDougall's AdministratorSupreme Court of the United States · 1887

3Cited by213 opinions

  1. United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1940
  2. John R. Sand & Gravel Co. v. United StatesSupreme Court of the United States · 2008
  3. Minnesota v. United StatesSupreme Court of the United States · 1939
  4. John R. Sand & Gravel Co. v. United StatesSupreme Court of the United States · 2008
  5. Tucker v. AlexanderSupreme Court of the United States · 1927

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