United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. McKee, 91 U.S. 442 (1885)

United States v. McKee

91 U.S. 442

Syllabus

The claim of the heirs and legal representatives of Colonel Francis Vigo against the United States on account of supplies by him furnished in 1778 to the regiment under the command of George Rogers Clarke, who was acting under a commission from the State of Virginia, was, by an Act of Congress approved June 8, 1872, 17 Stat. 687, referred to the Court of Claims with the direction that the court, in settling it, should be governed by the rules and regulations theretofore adopted by the United States in the settlement of like cases, and without regard to the statute of limitations. Held that the act removes the bar of the lapse of time and that, as the case is like those in which interest was to be allowed by the fifth section of the Act of Aug. 5, 1790, 1 Stat. 178, the claimants are entitled to recover the principal sum, with interest thereon.

Page 91 U. S. 443

The court below allowed the claim, with interest thereon from the time it accrued, and, among other facts, found that

"no rules and regulations have heretofore been adopted by the United States in the settlement of like cases except such as may be inferred from the policy of Congress when passing private acts for the relief of various persons. When passing such private acts, Congress has allowed interest upon the claim up to the time that the relief was granted."

The facts are stated in the opinion of the Court.

Page 91 U. S. 448