United States v. Shea
Decision Date | 05 March 1894 |
Docket Number | No. 396,396 |
Citation | 38 L.Ed. 403,152 U.S. 178,14 S.Ct. 519 |
Parties | UNITED STATES v. SHEA |
Court | U.S. Supreme Court |
This was a petition by Daniel Shea to recover money claimed to be due for the hire of certain vessels, furnished by the petitioner for the use of the government under a contract. The court below rendered judgment for the petitioner, and the United States appeal.
Statement by Mr. Justice BREWER:
The facts of this case are stated in the findings of the court of claims. The first is that on May 28, 1886, the petitioner entered into a contract with the deputy quartermaster general of the army for and in behalf of the United States, the important articles of which are as follows:
'It is further agreed that the fuel required by said vessels so furnished while in service, under this agreement, shall be supplied by the government, and that this contract shall commence on the first day of July, eighteen hundred and eighty-six.
'And it is further agreed that the party of the second part shall furnish, when required, the remainder of the crew, consisting of a captain, a mate, two deck hands, and a fireman. * * *
The second and third findings are as follows:
2. 'After the making of said contract, and before the expiration of the fiscal year, (June 30, 1887,) upon being called upon by the quartermaster's department therefor, the claimant provided and furnished a vessel called the James Bowen, then staunch, in first-class order in every respect, well equipped, and conforming fully to the requirements of the law, and with such part of the crew as the claimant was required by the contract to furnish, and the same was accepted and used by the defendants.'
3. 'On the 1st day of January, 1887, while in the service and under the exclusive management and control of the quartermaster's department, and having an unlicensed captain or pilot, said vessel was damaged in a collision with a ferryboat, in consequence of which she was necessarily laid up for repairs until March 2d of the same year, when, on the next day, she resumed work.
There is no express finding that any sum was ever paid to the petitioner on account of this contract. It appears, however, from the fourth finding, that, on April 1, 1887, the deputy quartermaster general forwarded to the guartermaster general a voucher, of which the following is a copy:
The United States to Daniel Shea, Dr.
Place and date. Dols. Cts.
at $7.00%......................... 427 00
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$3,782 00 Which voucher was accompanied with a recommendation that authority be granted to pay the same, and with the following explanation:
'The facts are as stated herein: The James Bowen was under charter to the quartermaster's department, and, as the quartermaster general is aware, was, on the 1st of January, 1887, on one of her trips between the Battery and Governor's Island, run into by the Brooklyn ferryboat Atlantic.
'The James Bowen was at the time under the exclusive control and management of the government, being manned and navigated by employes of the quartermaster's department.
'Henry C. Hodges,
'Deputy Q. M. Gen. U. S. Army, Depot Quartermaster.'
That on April 6, 1887, the quartermaster general called upon the deputy quartermaster general for further particulars, and received in response a letter, copied at length, the latter part of which is as follows:
On May 17th the quartermaster general transmitted the claim and voucher to the third auditor of the treasury for adjudication and settlement.
The fifth finding is that on
On these facts thus found, the court of claims decided as a conclusion of law that the plaintiff was entitled to recover the sum of $4,087.
Asst. Atty. Gen. Dodge and Conway Robinson, for the United states.
[Argument of Counsel from pages 183-185 intentionally omitted] Franklin H. Mackey and John W. Butterfield, for appellee.
Mr. Justice BREWER, after stating the facts in the foregoing language, delivered the opinion of the court.
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