Filor v. United States

Citations

• 76 U.S. 45
• 19 L. Ed. 549
• 9 Wall. 45
• 1869 U.S. LEXIS 939

Syllabus

<p>1. The act of Congress of July 4tb, 1864 (13Stat. at Large, 381), declares “that the jurisdiction of the Court of Claims shall not extend to, or include, any claim against the United States, growing out of the destruction or appropriation of, or damage to, property by the army or navy, or any part of the army or navy engaged in the suppression of the rebellion, from the commencement to the close thereof.” Under this act held, that the term “appropriation” includes all taking and use of property by the army or navy, in the course of the war, not authorized by contract with the government.</p> <p>2. No lease of premises at Key West for the use of the quartermaster’s department, or any branch of it, in 1862, made by the acting assistant quartermaster at that place, was binding upon the government until approved by the quartermaster-general, though the action of the subordinate officer in making such lease was taken by direction of the military commander at that station. Until such approval the action of the officers at Key West was ineffectual to fix any liability upon the government. The obligation of the government for the use of the property is what it would have been if the possession had been taken and held without the existence of the lease.</p> <p>3. The unauthorized acts of the officers at Key West cannot estop the government from insisting upon their invalidity, however beneficial they may have proved to the United States.</p>