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Reports from the Court of Claims Submitted to the House of ..., Հատոր 8
United States. Court of Claims
Ամբողջությամբ դիտվող - 1874
Reports from the Court of Claims Submitted to the House of ..., Հատոր 5
United States. Court of Claims
Ամբողջությամբ դիտվող - 1860
action aforesaid ammonia amount of duties Answer ascertained Austill authority barque Battery Point Benicia bill bricks Cape Disappointment Capt Captain Blaney cargo cent charge charter charter-party claimant clerk collector commissioner contract contractors Court of Claims crude saltpetre damages David Hepburn decision delivered delivery deposition duties paid Engineer Department entitled entry evidence execution expense fact George Blaney hundred illegally exacted imported interrogatory he says invoice Isaac Swain James Beatty July justice letter light-houses March materials ment mistake Mobile Oak island officer opinion Oriole Orleans paid under protest party payment person petition petitioner Point Conception port Postmaster Potter proposals quantity question received recovered back refunded respectfully road San Francisco Secretary ship Ellen Brooks Smithville Stat statute stipulated suit sworn thereof Thomas Crown thousand dollars Timanus tion transportation Treasury Department unascertained duties United United States solicitor vessel Washington witness
Էջ 21 - Now if there be no lawful cause to obstruct the said marriage then the above obligation to be void, else to remain in full force and virtue.
Էջ 27 - But it lies for money paid by mistake, or upon a consideration which happens to fail, or for money got through imposition (express or implied), or extortion, or oppression, or an undue advantage taken of the plaintiff's situation, contrary to laws made for the protection of persons under those circumstances. In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.
Էջ 20 - That it shall be lawful, under the special direction of the President of the United States, to make such advances to the disbursing officers of the government as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfillment of the public engagements...
Էջ 21 - ... but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided...
Էջ 51 - This kind of equitable action to recover back money, which ought not in justice to be kept, is very beneficial, and therefore much encouraged.
Էջ 73 - ... that the same is true of his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes it to be true.
Էջ 29 - We must take this payment to have been made under a demand of right; and I think that where a man demands money of another as a matter of right, and that other, with a full knowledge of the facts upon which the demand is founded, has paid a sum, he never can recover back the sum he has so voluntarily paid.
Էջ 25 - Treasury to refund any duties paid under protest, nor shall any action be maintained against any collector, to recover the amount of duties so paid under protest, unless the said protest was made in writing and signed by the claimant, at or before the payment of said duties, setting forth distinctly and specifically the grounds of objection to the payment thereof.
Էջ 19 - ... nothing has been, on my part, nor to my knowledge, on the part of any other person, concealed or suppressed, whereby the United States may be defrauded of any part of the duty lawfully due on the said goods, wares, and merchandise...
Էջ 20 - Purposes," there to be kept with due and reasonable care, at the charge and risk of the owner, importer, consignee, or agent, and subject at all times to their order, upon payment of the proper duties and expenses, to be ascertained on due entry thereof for warehousing, and to be secured by a bond of the owner, importer, or consignee, with surety or sureties, to the satisfaction of the collector, in double the amount of the said duties, and in such form as the Secretary of the Treasury shall prescribe...