United States v. Sanborn
135 U.S. 271 (1890)

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U.S. Supreme Court

United States v. Sanborn, 135 U.S. 271 (1890)

United States v. Sanborn

Nos. 224, 225

Argued March 21, 1890

Decided April 28, 1890

135 U.S. 271

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF MASSACHUSETTS

Syllabus

The payment made by the United States to Sanborn which is the subject of this action was made in consequence of a misrepresentation by the defendant to the Secretary of the Treasury which created a misapprehension on his part of the nature of the defendant's services, and the amount so paid ought, in equity and good conscience, to be returned to the United States.

When the United States makes a long delay in the assertion of its right to recover back money which it is entitled to recover back without showing some reason or excuse for the delay, interest before the commencement of the action for such recovery is not recoverable, and this is especially true when it does not appear that the defendant has earned interest upon the money improperly received by him.

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