Doane v. Phillips
Doane v. Phillips
Opinion of the Court
delivered the opinion of the Court. In the case of Doane et al. v. Phillips, we are of opinion that the judgment of the court in Bates v. Drury, 4 Mason, 119, is conclusive. The cases are precisely similar, and the reasons given by Story J. in delivering his opinion, in the latter case, are entirely satisfactory. It is true that these cases are not within the words of the statute of the United States, of March 2, 1799, c. 129, but they are within its obvious meaning, and the rule of construction in such case has been long established, and may be safely followed whenever the reason and intention of a statute can be clearly discerned ; and we think it may be mi fhe present case.
If such was not the intention of the legislature, it seems difficult to give a satisfactory reason for the omission to provide for such cases in express terms, as collectors have at all times been liable to be removed from office. The inference would seem to be, that when the act provides for all cases, except removals, to which the provision, as the law then was, could by possibility apply, this omission was intended by the legislature. But whether this inference be probable, or only doubtful, it is equally fatal to such an equitable construction of the statute, as would embrace the present case.
As to the small claim for services rendered by the plaintiff after he had notice of the defendant’s appointment, and before he relinquished his office, we think it quite impossible to support it. It is agreed that during the time he held the office, and performed its duties, he received the fees. The defendant was ready to enter on the duties of .his office when he no tified the plaintiff of his appointment, and it was postponed for a few days for the plaintiff’s convenience. While it was thus postponed, the plaintiff continued to act as collector, and was collector de facto. He was the agent of the United States, and not the agent of the defendant, and consequently can have no claim on him for services rendered in the business of the office.
See United States v. Pearce, 2 Sumner, 575.
Reference
- Full Case Name
- Samuel B. Doane Executors, versus Samuel Phillips Solomon H. Currier versus Samuel Phillips
- Status
- Published