The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-29
UNITED STATES SUPREME COURT.

psrtant Decisions rom the Court Of Claims.
WASHINGTON March 81, 1872.
No. las. Burns ct al VS.. Judd Llnseed and sperm
OIL Company-Appeal from the Circuit Court Tor
the district of Massachusetts,. lbellants. ap.
pollees, were the owners OF cargo OF llnseed
which was shipped on board the schooner James
AcCloskey. bound from Boston for New YORK. The
schooner was towed from East Boston into the
stream and was getting under way near the school,
enlp George "A. Barnard and mad only part OF ner
IOresan h0lsted, when her master saw the Cunard
steamer Java coming round the stern OF Inc
schoosnip and making directly Tor tue schoone.
The sch00ner's helm Was put hard-aslarboard Out
the steamer struck her aoait the main rigging
aad Knocked hoe through her, and the hnseed
pleaded Inevitable accident and the District Court
sustained the plea, dlsmissus the libel. me CIR.
the Java WAS at Iaut IN voluntarily aud from her
own convenience placing nerself IN q position
usual aud where such q meeting might reasonably
nave been expected. she could do nothing BY her
collision. The decree Of the District Court was re-
versed, and from TINS decree Of reversal the cause
steamer promptly and properly maneuvred, and
that she cannot he held responsible Tor the position
she occupied. W. g. Russell iUr appellants; X II.
Dana, Jr., Tor appellees.
No. lac. Pugh vs. The United States-Appeal
nom the Court OF Caims.-Pugh alleging himself 70
be native and loyal citizen Of the United states,
who never In any way aided the rebellion, sued 10
recover S725OS for property destroyed on mis- plan.
rental by the government, 1t being claimed that the
governments mad possession OF II Tor the years 1854
And 1860. anu that II was rented 10 parties VINO
made about fifteen thousand dollars per anlIum or
sugar aud molasses on IT, The claimant alleges
that under the ADVICE oil his physician he went to
Texas Tor MS health III 1861 leaving his plantation
IL charge OF all agent. and that the government
forces dispossessed MS agent ana appropriated
his property The court OF Claims dismissed
the petLion, Tor want Of Jurisdicon holding that IL
cyuid not adJudicate Case Involving IA Claim
against the United States growing out OF the de-
slruction 0r appropriation or damage TO property
by the army Or navy engaged In the suppression OF
sisted that the government. having taken posses
sion OF the property anu restored It In damaged
the use ana 70 restore III as good condition as
when taken. IL Is also SAID that the motion 10 dis.
lent thereto admitted the aliegatons Of the petit
Lion, and therefore, IN case the jurisdiction SuS.
ianeu the Judgment must be Tor the claimant. +.
J. DuvanG Tor claimant; u Il. Hill Tor the govern
menL
No. ISL. Blgler VS.. Waller, Administrator, &C.
Appeal from the Circuit Court for the District of
vrsinia.-This was suit brought by Bigler Of
New YORK, against Waller, OF Virginia, to nave
certain bond aud trust deed IN The nature Of mort
gage decrced to have been paid. Bgler, before the
war, purchased Waller. deceased, tract OF land
for 800 V0o. paying $4,000 cash, and giving mort
gage or trust aeed In question Tor the Dalance.
having made large improvements on the place ana
payments on the mortgage 10 Inc extent Oh $4,000,
tue war Game on anu me property was taken pos.
session VI Dy the rebels. and waller, VINO was
~ cancer :" ,ne ees army caused the
OF the estate at public AUCTION buying 1t IN himself
for $1,000. The prayer was tnat cerran uestruc-
ton OF property made by walters lessee, aud the
rents anu profits appropriated, should oe adjudeed
Is canceillng the mortgage and That the plaintir
should Dc decreed en.itea to possession Tne Court
mortgage and decreed mat he receive rom Wall
ler's Inc value OF $1,000 In Conieder.
received as rent Tor The places anu iurther decreed
shas neier nave possession os upon pasing Walters
ties concerned, and appointed trustee TO sell In
Case tue sums aecreed were not paid. From this
decree inc appeal Is taken. o. Robinson Tor appel
lee; +. L. Fancher Tor appellant.
No. 1854. United states VS.. Wnder-Appeal from
Court OF Claims.-In May, 1851, Burbank & Co. con-
racted with tue Quarlermaster's Department to
furnish transportation Tor ali public stores from ST.
Paul to Fort ADercromble, Dakota, at the rate OF
81 90 per 100 pounds me contract specified no
period Of duration; but the transportation went on
under 1t until July. $685. when, as alleged in an
exigency vi the government, bui bank Il 20.
clned TO furnish further transportation at the same
what IL was REASONABLY worth ana 81 90 per 100
pounds was fixed upon; but the Department at
washington refused 10 pay any greater sum
than s. 70. originally agreed upon. Tor the
reason that the obligation under that agree.
menL had not been terminated py reasonable
notice. ms suit Was TO cOilect the difference, the
fue pettion was 1led more than six years from the
conclusion OF tlIe services but less tnan six years
held that tue contraciors mad a valid claim and
that IL was brought within the time allowed Dy law.
Inc government here insists tnat the payment OF
81 % per JOO pOunus did not acknowledge that the
sum sued for Was due, 30 as 10 take the OF
tne statute OF limitations ana tnat there Is nothing
due the claimants under the advance agreed upon
BY the Qnartermasler. Case submitted on the
printed briefs. O. II. Hill for government; Sand.
born KinE lor claimants.
No. 492. Armstrong VS.. United States-Appeal
nom the Court oil Caims.-This was an action to re-
cover proceeds Of cotton seized under the Captured
and Abandoned Property act, In which the question
was upon the loyalty OF The claimant. The Court
below inferred dlslcyalty from the fact that the
claimant repaired south as the troops OF the United
States approached, ana the judgment was against
her. fns Court 40 not pass Judgment upon this
ruling, but reverse the Judgment OF the Court Of
Claims, on the ground that the proclamation OF par.
don and amnesty OF december 25 1S5S-which was
QncopdIIional and Without reservation--nas rem
THIS was puDllc act OF winch all courts are bound
TO take notice and to carry into effect TIE Chlef
Jusuce delivered The opinion
No. "A. United States w, trussel-Appeal from
the Court Of Claims.-This was a proceeding to re-
the amount Of the proceeds OF certain cotton
seized under the Captured and Abandoned Property
act, and the question was upon the proof OF the
1r0ceeds having been paid into the Treasury; Tor
Witn0ut that TACT being before the Court there could
be no recovery. Inc Court below found from the
INTO tue treasury and the claimant was allowed to
recover. TINS Court affirm the judgment the Chief
Justice delivering me opinion Dissenting SS Ing Justices
den OF the proof Is the claimant to show that the
money has been paid into the Treasury.
No. %. Sears vs.. Steamer Scotia-Appeal from
the Circuit Court for the Southern District OF New
York.-In this case the Court affirm the decree Of
the Circuit Court, holding that both under the law
Of the sea and the OF 1854 1t IS obligatory on
ships at sea display coored side lights and That
under the latter regulation Is to oe enforced In
the case OF collision outside the jurisdiction
OF any nation, even when the suit Is between our
citizens ana the citizens OF o foreign State. Mr..
Justice strong delivered the opinion. -,,--a--.
No. 126 steinbock vs. Relief Fire Insurance Com.
pany OF New York-Error to the Circuit Court for
Naryland-This was action on policy Of In
gurance on the plaintrs stock Of fancy goods. toys