Cartas v. United States

Citations

• 55 Ct. Cl. 505
• 48 Ct. Cl. 161

Syllabus

<p>Judgment was rendered in favor of the defendants in the court below. On appeal the judgment was affirmed, and the Supreme Court decided:</p> <p>To review a judgment of the Court of Claims dismissing a petition for want of jurisdiction upon the ground that the facts alleged have no tendency to establish a contract with the United States, a finding of facts is not essential.</p> <p>Paragraph 13 of article 8 of the Articles for the Government of the Navy (Rev. Stats., sec. 1624), which imposes a penalty on any person in the Navy who receives, etc., on board his vessel any goods or merchandise, for freight, sale, or traffic, except gold, silver, or jewels, for freight or safe-keeping; or who demands or receives any compensation for the receipt or transportation from the President or the Secretary of the Navy; recognizes and limits the preexisting discretion of commanding officers to receive property on board for the protection of private rights; and neither under this statute nor under section 1020 of the Navy Regulations, by which the compensation for the permitted service is to be applied to the benefit of officers and men, does such a deposit of gold give rise to any contract with the United States.</p>