Schaff v. United States

Court of Claims

Schaff v. United States

58 Ct. Cl. 87, 1923 U.S. Ct. Cl. LEXIS 368, 1923 WL 2169

CourtUnited States Court of Claims

DecidedFebruary 12, 1923

DocketNo. 274-A

StatusPublished

This text of 58 Ct. Cl. 87 (Schaff 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

Schaff v. United States, 58 Ct. Cl. 87, 1923 U.S. Ct. Cl. LEXIS 368, 1923 WL 2169 (cc 1923).

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Opinion

MEMORANDUM

by the court.

There is a question raised under Finding IV growing out of the facts that plaintiff rendered bills to the disbursing officers and was paid therefor the amounts shown by the bills rendered; that at the time of payment there had been no decision of the comptroller as to whether or not the basis of party fares plus individual fares could be used; and it appears that one of the bills, aggregating $412.09, had the words “ accepted under protest ” stamped upon its face when submitted to the accounting officers. The significance of this statement is not apparent. However, without deciding the question, it clearly-appears that the service was rendered in August, 1915, and the suit was not brought until September, 1921, and that, therefore, that item is barred by the statute of limitations.

Judgment for plaintiff in the sum of $6,908.38.

See Atchison, Topeka & Santa Fe Ry Co. v. United States, 256 U. S. 205.

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MEMORANDUM

by the court.

There is a question raised under Finding IV growing out of the facts that plaintiff rendered bills to the disbursing officers and was paid therefor the amounts shown by the bills rendered; that at the time of payment there had been no decision of the comptroller as to whether or not the basis of party fares plus individual fares could be used; and it appears that one of the bills, aggregating $412.09, had the words “ accepted under protest ” stamped upon its face when submitted to the accounting officers. The significance of this statement is not apparent. However, without deciding the question, it clearly-appears that the service was rendered in August, 1915, and the suit was not brought until September, 1921, and that, therefore, that item is barred by the statute of limitations.

Judgment for plaintiff in the sum of $6,908.38.

See Atchison, Topeka & Santa Fe Ry Co. v. United States, 256 U. S. 205.

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Bluebook (online)

58 Ct. Cl. 87, 1923 U.S. Ct. Cl. LEXIS 368, 1923 WL 2169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schaff-v-united-states-cc-1923.

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