[Download] "Gordon v. United States" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Gordon v. United States
- Author : United States Supreme Court
- Release Date : January 01, 1868
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
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Mr. Bennett, for the appellant, contended, that an award having been made under the law of 1860, the repeal of the law of 1861 could not divest it. Rights had vested. 'In such a case,' says Dr. Bouvier,2 'the rights acquired are left unaffected.' That in fact the arbitrator having made and published his award, the resolution of June 1st, 1860, was executed, and nothing remained to be repealed. The case came thus within the principle of Bayne v. Morris.3 As respected interest: All money due and unpaid properly draws interest. An exception is made in favor of governments, because they are presumed to be always ready to pay, and that any non-payment is owing to the fault of the creditor in not presenting his claim. Here the presumption is rebutted in every part of the case. As respected the awards of interest (though they were not now in question) they were right, both on general principles and under the statute. The case was to be settled 'on principles of equity and justice.' There was to be 'a full and fair indemnity.' Mr. Norton, contra, argued, that Bayne v. Morris was the case of an 'award' in its proper sense, and was not applicable to this case; that on the contrary, the finding of the secretary in cases like this had been decided in De Groot v. United, States4 not to be an 'award,' nor in that sense binding.