Court of Claims, 1924

Baltimore & Ohio Railroad v. United States

Court of Claims · Decided March 31, 1924

59 Ct. Cl. 545; 1924 U.S. Ct. Cl. LEXIS 487; 1924 WL 2397

Counsel

Mr. John F. MoOarron for the plaintiff. Mr. George E. Hamilton was on the brief., Mr. Albert E. Marks, with whom was Mr. Assistant Attorney General Robert H. Lovett, for the defendant.

Opinion of the Court

*546MEMORANDUM BT THE COURT

Recovery is sought of such amount 'as is necessary to correct a plain error in mathematics; 40,000 (pounds) X 31-4 (cts. per hundred) = $137.60, not $13.76. The certification of the amount as correct can not preclude recovery as urged, for the weight and the rate, the controlling elements, were correct. The deduction therefrom was an error. The auditor, in examining the 'account and passing it in that shape must have participated in the mistake or knowingly passed an account with such a mistake in it, to the detriment of *547plaintiff; a surely conceivable action. The plaintiff earned this money 'and ought to have it and we know of no law or rule precluding its recovery under these circumstances. Judgment for plaintiff in the sum of $121.14.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.