Utica, Ithaca & Elmira Railway Co. V. United States

Court of Claims

Utica, Ithaca & Elmira Railway Co. V. United States

22 Ct. Cl. 265, 1887 U.S. Ct. Cl. LEXIS 38, 1800 WL 1676

CourtUnited States Court of Claims

DecidedApril 25, 1887

DocketNo. 14610

StatusPublished

This text of 22 Ct. Cl. 265 (Utica, Ithaca & Elmira Railway Co. 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

Utica, Ithaca & Elmira Railway Co. V. United States, 22 Ct. Cl. 265, 1887 U.S. Ct. Cl. LEXIS 38, 1800 WL 1676 (cc 1887).

Pincite

Opinion

Pee cueiam:

As to services rendered before fcke letter of September 22, 1879, the court is of the opinion that they were voluntary, being rendered without the request or knowledge of the Post-Office Department, and that as no benefit from them to the Government accrued, no contract upon them can be implied.

As to services rendered subsequent to that letter, the court is of the opinion that the claimant having stood by and allowed payment therefor to be made to the Brie Railway Company, must be deemed to have assented to the proposition set forth in the reply of the Postmaster-General, and is estopped from calling on the defendants to pay a second time.

The judgment of the court is that the petition be dismissed.

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Pee cueiam:

As to services rendered before fcke letter of September 22, 1879, the court is of the opinion that they were voluntary, being rendered without the request or knowledge of the Post-Office Department, and that as no benefit from them to the Government accrued, no contract upon them can be implied.

As to services rendered subsequent to that letter, the court is of the opinion that the claimant having stood by and allowed payment therefor to be made to the Brie Railway Company, must be deemed to have assented to the proposition set forth in the reply of the Postmaster-General, and is estopped from calling on the defendants to pay a second time.

The judgment of the court is that the petition be dismissed.

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Bluebook (online)

22 Ct. Cl. 265, 1887 U.S. Ct. Cl. LEXIS 38, 1800 WL 1676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/utica-ithaca-elmira-railway-co-v-united-states-cc-1887.