Barnes v. United States

Court of Claims

Barnes v. United States

95 Ct. Cl. 411, 1942 U.S. Ct. Cl. LEXIS 153, 1942 WL 4368

CourtUnited States Court of Claims

DecidedJanuary 5, 1942

DocketNo. 44744

StatusPublished

Cited by2 cases

This text of 95 Ct. Cl. 411 (Barnes v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnes v. United States, 95 Ct. Cl. 411, 1942 U.S. Ct. Cl. LEXIS 153, 1942 WL 4368 (cc 1942).

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Opinion

[414]*414The court decided that the plaintiff was entitled to recover, entry of judgment being deferred until the coming in of a report from the General Accounting Office showing the amount due in accordance with the opinion per curiam, as follows:

From the findings of fact it appears that for the year 1937 the plaintiff contributed to his mother’s support $885.00, and that her income from all other sources in that year was $524.26; for the year 1938 he contributedj $760.00, and her income from all other sources was $377.72; for the year 1939 plaintiff contributed to her support $700.00, and her income from all other sources was $440.66; and from January 1,1940 up until the first of June 1940 the plaintiff had contributed $300.00 to her support, and her income from all other sources for this period was $176.92.

It is, therefore, apparent that plaintiff was in fact his mother’s chief support.

Included in her income from all other sources is a profit of $2.00 a month which the mother made from furnishing room and board to her daughter. The daughter paid $40.00 a month room and board, and the mother testified it cost her $38.00 a month to furnish this room and board, leaving a net profit of $2.00 a month.

Entry of judgment will be deferred until the incoming of a report from the General Accounting Office showing the amount due computed in accordance with this opinion. It is so ordered.

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[414]*414The court decided that the plaintiff was entitled to recover, entry of judgment being deferred until the coming in of a report from the General Accounting Office showing the amount due in accordance with the opinion per curiam, as follows:

From the findings of fact it appears that for the year 1937 the plaintiff contributed to his mother’s support $885.00, and that her income from all other sources in that year was $524.26; for the year 1938 he contributedj $760.00, and her income from all other sources was $377.72; for the year 1939 plaintiff contributed to her support $700.00, and her income from all other sources was $440.66; and from January 1,1940 up until the first of June 1940 the plaintiff had contributed $300.00 to her support, and her income from all other sources for this period was $176.92.

It is, therefore, apparent that plaintiff was in fact his mother’s chief support.

Included in her income from all other sources is a profit of $2.00 a month which the mother made from furnishing room and board to her daughter. The daughter paid $40.00 a month room and board, and the mother testified it cost her $38.00 a month to furnish this room and board, leaving a net profit of $2.00 a month.

Entry of judgment will be deferred until the incoming of a report from the General Accounting Office showing the amount due computed in accordance with this opinion. It is so ordered.

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Bluebook (online)

95 Ct. Cl. 411, 1942 U.S. Ct. Cl. LEXIS 153, 1942 WL 4368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-united-states-cc-1942.

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