Tillson v. United States
Decision Date | 01 October 1879 |
Citation | 100 U.S. 43,25 L.Ed. 543 |
Parties | TILLSON v. UNITED STATES |
Court | U.S. Supreme Court |
APPEAL from the Court of Claims.
This was a suit brought by Robert Tillson & Co. against the United States.
The Court of Claims found the following facts:——- 'I. The claimants and the defendants entered into the various contracts and agreements set forth in the petition.
officers at the United States arsenal in St. Louis, to the amount of $494,972.66.
officers, and bills therefor were duly authenticated by the proper officers of the Ordnance Department, as provided by the contract, and no negligence or delay is attributable to the officers of the Ordnance Department in regard to the inspection of the goods or the issuing of the vouchers. The vouchers so received by the claimants were by them presented to the Ordnance Office in Washington, and were by the Ordnance Office transmitted to the treasury, to be audited and paid, and no delay in so transmitting them is attributable to the Ordnance Office. After the vouchers reached the Treasury Department, intervals of different length occurred before they were audited and drafts issued in payment thereof. The shortest interval between the receipt of a voucher by the Treasury Department and the issuing of the draft in payment was seven days, and the longest was one hundred and fourteen days; the average was thirty-six days. During the period of the fulfilment of their contracts and agreements, before described, the claimants' buiness necessities compelled them to borrow money by hypothecating or selling their vouchers, and the rate of discount paid by them generally was ten per cent per annum.
Upon the foregoing facts that court decided as conclusions of law,——
'1. The loss and damage suffered by the claimants from the failure to keep and perform the contracts referred to in the findings aforesaid, as to the time and manner of payment thereof, were too remote to be a subject of recovery in this action, within the meaning and intent of the private act for the relief of the claimants, passed June 23, 1874.
'2. The claimants, by voluntarily accepting certificates of indebtedness in part payment of their demands, are concluded from saying that such payments were in violation of the terms of their contracts with the government.
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