APPEAL from the Court of Claims.
This was a suit by William S. McKnight and James W. Richardson, assignees of Simeon Hart, to recover from the United States the sum of $9,000. The United States interposed a counter-claim and set-off for $21,675.68.
The court below found the following facts:--
1. On the 6th of January, 1873, the Second Comptroller of the Treasury certified to the Secretary of War a balance arising on an account settled by the Third Auditor, as follows:--
'No. 6611.]
'TREASURY DEPARTMENT,
'SECOND COMPTROLLER'S OFFICE,
'Jan. 6, 1873.
'I certify, in conformity with law, that there is due from the United States to William S. McKnight and James W. Richardson, composing the firm of McKnight & Richardson, assignees of Simeon Hart, a government contractor, a balance of thirty thousand six hundred and seventy-five and 68/100 dollars:
'Which amount is allowed in pursuance of the decision of the Second Comptroller, made Dec. 14, 1872, being for the value, at contract rates, of 51,920 lbs. of flour, delivered at Albuquerque, New Mexico, May 13, 1861, at 20 1/2 cts. per lb. $10,643.
'May 23, 1861, 49,800 lbs. of flour, delivered at Fort Stanton, at 18 1/2 cts. per lb. 9,213.
'May 26, 1861, 52,776 lbs. flour, delivered at Albuquerque, at 20 1/2 cts. per lb. 10,819.
'A report in favor of the payment of said balance having been made by the Judge-Advocate-General, and approved by the Secretary of War, Feb. 28, 1872, and the allowance being in conformity with the opinion of the Attorney-General, dated Dec. 5, 1872.
'Payable out of the appropriation for subsistence of the army prior to July 1, 1870.
'To the claimant assignees, McKnight & Richardson.
'In the care of H. D. Cook, attorney of record, present.
'J. M. BRODHEAD,
'Comptroller.
'HON. WM. W. BELKNAP,
Secretary of War.'
2. Subsequently the following requisition, with memorandum attached, was signed and recorded:--
Settlement Requisition, No. 2254.
'WAR DEPARTMENT, Jan. 31, 1873.
To the Secretary of the Treasury:'SIR,-Please to cause a warrant for thirty thousand six hundred and seventy-five dollars and sixty-eight cents to be issued in favor of William S. McKnight and James W. Richardson, composing the firm of McKnight & Richardson, assignees of Simeon Hart, a government contractor, care of H. D. Cook, attorney of record, present; due on settlement as per certificate of Second Comptroller, No. 6611. To be charged in the undermentioned appropriations.
'Given under my hand this seventh day of January, 1873.
'$30,675.68.
'WM. W. BELKNAP,
Secretary of War.
'Countersigned Jan. 7, '73.
'J. M. BRODHEAD,
Second Comptroller.
'Registered Jan. 7, '73.
'ALLEN RUTHERFORD,
Third Auditor.
'Appropriations:
'Subsistence of the army prior to July 1, 1870. $30,675.
'Of this amount the sum of nine thousand dollars ($9,000) will be paid to the Treasurer of the U. States, to be by him deposited in the Treasury, on 'general account,' on account of a debt due the U. States by Simeon Hart as surety on a bond given by Lieut.-Col. John B. Grayson, Com'y of Subs., to await the final adjustment and decision of Grayson's accounts.
'J. M. BRODHEAD, Compt.'3. Thereupon the following warrant was drawn, signed, and recorded:--
'WAR-SETTLEMENT WARRANT No. 409. $30,675.68.
'Special.
'J. H. SEVILLE,
Chief Clerk.
'71. Subsistence of Army, $30,675.68,
'It is directed that of the amount of this warrant the sum of nine thousand dollars ($9,000) be paid to the Treasurer of the United States, to be by him deposited in the Treasury, on 'general account,' on account of a debt due the U.S. by Simeon Hart, as surety on a bond given by Lieut.-Colonel John B. Grayson, commissary of subsistence.
'GEO. S. BOUTWELL,
'''Secretary.
[SEAL]
'Rec'd draft No. 615.
'H. D. COOK.'
'TREASURY DEPARTMENT.
'To the TREASURER OF THE
'UNITED STATES, greeting:
'Pay to William S. McKnight and James W. Richardson, firm of McKnight & Richardson, assignees of Simeon Hart, care of H. D. Cook, att'y of record, present, or order, to be charged to the appropriations named in the margin, thirty thousand six hundred and seventy-five dollars and sixty-eight cents, due Simeon Hart on settlement, pursuant to a requisition, No. 2254, of the Secretary of War, dated Jan. 7, 1873, countersigned by the Second Comptroller of the Treasury and registered by the Third Auditor. And for so doing this shall be your warrant.