Reports from the Court of Claims Submitted to the House of Representatives, Volume 2C. Wendell, printer, 1856 - Law reports, digests, etc |
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Page 4
... Potter ; whereas your petitioner was indebt- ed to said Potter in only the sum of about six hundred dollars , and if said Blaney had paid for the said 250,000 bricks at the rate agreed under said contract , the sum due to your ...
... Potter ; whereas your petitioner was indebt- ed to said Potter in only the sum of about six hundred dollars , and if said Blaney had paid for the said 250,000 bricks at the rate agreed under said contract , the sum due to your ...
Page 9
... Potter ... By 800000 $ 2,500 , being amount 3000000 agreed to be paid to Potter for the use of his negroes , wood standing in the forest , clay , & c . , & c . , 800,000 ....... By amount received from Cap- tain Blaney for 5,000 bricks ...
... Potter ... By 800000 $ 2,500 , being amount 3000000 agreed to be paid to Potter for the use of his negroes , wood standing in the forest , clay , & c . , & c . , 800,000 ....... By amount received from Cap- tain Blaney for 5,000 bricks ...
Page 23
... Potter , was reluctantly and unavoidably forced to sell out to said Potter at an immense sacrifice , and abandon the contract , the terms of which the said Blaney had first so flagrantly violated . Your memorialist respectfully refers ...
... Potter , was reluctantly and unavoidably forced to sell out to said Potter at an immense sacrifice , and abandon the contract , the terms of which the said Blaney had first so flagrantly violated . Your memorialist respectfully refers ...
Page 24
... Potter . The said Blaney , by such oppressive conduct , forced him ( this deponent ) to abandon his contract . This deponent again states , and under the solemnity of his oath , that by this breach of the contract between him and said ...
... Potter . The said Blaney , by such oppressive conduct , forced him ( this deponent ) to abandon his contract . This deponent again states , and under the solemnity of his oath , that by this breach of the contract between him and said ...
Page 25
... Potter ; but I objected to doing so time after time , and still pressed said Blaney to receive the bricks . At length necessity compelled me to sell them to Potter , at a great sacrifice , as can be seen by the petition , as I was ...
... Potter ; but I objected to doing so time after time , and still pressed said Blaney to receive the bricks . At length necessity compelled me to sell them to Potter , at a great sacrifice , as can be seen by the petition , as I was ...
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Common terms and phrases
action aforesaid ammonia amount of duties Answer ascertained Austill authority barque Battery Point Benicia bill bricks Cape Disappointment Capt Captain Blaney cargo cent charge charter charter-party claimant clerk collector commissioner contract contractors Court of Claims crude saltpetre damages David Hepburn decision delivered delivery deposition duties paid Engineer Department entitled entry evidence execution fact George Blaney Humboldt bay hundred illegally exacted imported interrogatory he says invoice Isaac Swain James Beatty July justice letter light-houses March materials ment mistake Mobile Oak island officer opinion Oriole Orleans paid under protest party payment person petition petitioner Point Conception port Postmaster Potter proposals quantity question received recovered back refunded respectfully road saltpetre San Francisco Secretary ship Ellen Brooks Smithville Stat statute stipulated Sturges suit sworn thereof Thomas Crown thousand dollars Timanus tion transportation Treasury Department unascertained duties United vessel Washington witness
Popular passages
Page 19 - Now if there be no lawful cause to obstruct the said marriage then the above obligation to be void, else to remain in full force and virtue.
Page 25 - But it lies for money paid by mistake, or upon a consideration which happens to fail, or for money got through imposition (express or implied), or extortion, or oppression, or an undue advantage taken of the plaintiff's situation, contrary to laws made for the protection of persons under those circumstances. In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.
Page 20 - That it shall be lawful, under the special direction of the President of the United States, to make such advances to the disbursing officers of the government as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfillment of the public engagements...
Page 21 - ... but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided...
Page 49 - This kind of equitable action to recover back money, which ought not in justice to be kept, is very beneficial, and therefore much encouraged.
Page 27 - We must take this payment to have been made under a demand of right; and I think that where a man demands money of another as a matter of right, and that other, with a full knowledge of the facts upon which the demand is founded, has paid a sum, he never can recover back the sum he has so voluntarily paid.
Page 23 - Treasury to refund any duties paid under protest, nor shall any action be maintained against any collector, to recover the amount of duties so paid under protest, unless the said protest was made in writing and signed by the claimant, at or before the payment of said duties, setting forth distinctly and specifically the grounds of objection to the payment thereof.
Page 17 - ... nothing has been, on my part, nor to my knowledge, on the part of any other person, concealed or suppressed, whereby the United States may be defrauded of any part of the duty lawfully due on the said goods, wares, and merchandise...
Page 18 - Purposes," there to be kept with due and reasonable care, at the charge and risk of the owner, importer, consignee, or agent, and subject at all times to their order, upon payment of the proper duties and expenses, to be ascertained on due entry thereof for warehousing, and to be secured by a bond of the owner, importer, or consignee, with surety or sureties, to the satisfaction of the collector, in double the amount of the said duties, and in such form as the Secretary of the Treasury shall prescribe...