Gill v. United States
Supreme Court of the United States
Gill v. United States, 10 Ct. Cl. 89 (1874)
Gill v. United States
Opinion of the Court
delivered the opinion of the court:
Upon the facts found we think the judgment should have been for the value of the hay in November, 1864, to wit, $38.50 per ton, instead of $45, its value during the winter. To this extent the Court of Claims erred. The judgment is therefore reversed and the cause remanded, with instructions to enter a new judgment in accordance with this opinion.
Reference
- Full Case Name
- Andrew J. Gill v. United States
- Status
- Published
- Syllabus
- In November 1864, the commanding officer of a western fort gives the oivner of a mass of hag a receipt for the whole of it “ for the use of the Government.” The value of the hay is then $38.50 per ton. During the suoeeeding winter the quartermaster of another fort takes three-fourths of the hay for Government animals. The value is then $45 a ton. The court below is in doubt whether the liability of the Government is referable to the transaction in November, when all was receipted for, or to the talcing of it for public use ' during the winter, when three-fourths tvere taken. It finally gives judgment for the three-fourths at its value when taken, $45 per ton. The defendants appeal. The Supreme Court’now directs the foregoing judgment ho reduced to $38.50 per ton, (the value in November,) for the three-fourths of the hay taken during the winter.*