Bechtel v. United States
101 U.S. 597 (1879)

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U.S. Supreme Court

Bechtel v. United States, 101 U.S. 597 (1879)

Bechtel v. United States

101 U.S. 597

Syllabus

1. Sec. 5597 of the Revised Statutes saves all rights which had accrued under any of the acts repealed by sec. 5596.

2. The United States brought suit, Oct. 9, 1872, against A. on his bond, conditioned that he should account and pay for certain stamps. Pleas, non est factum, the nondelivery of the stamps, and performance. At the trial in April, 1876, the court, over A.'s objection, permitted the plaintiff to put in evidence a copy of the bond and of A.'s receipts for the stamps, together with a treasury transcript showing a balance due by him of $4,400. To these papers was attached a certificate bearing date Oct. 11, 1872, and reciting that it was issued pursuant to the Act of March 3, 1797. The defendant introduced no evidence, but requested the court to charge the jury that he was entitled to have deducted from said $4,400 a commission of ten percent "on the same as allowed by the act of Congress of June 30, 1864, amended in 1870, and incorporated in the Revised Statutes under section 3425." The court refused so to charge.

Held:

1. That the papers were competent evidence.

2. That the refusal of the court to charge as requested by the defendant was proper.

The facts are stated in the opinion of the Court.

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