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1 United States Court of Claims, No. 2503: Jairus Baker, Benjamin F. Folsom, and Edmund J. Folsom. vs. The United States. Brief for Claimants 1867

handle is hein.trials/adke0001 and id is 1 raw text is: UNITED STATES COURT OF CLAIMS.
No. 2503.
JAIRUS BAKER, BENJAMIN F. FOLSOM, AND ED-
MUND J. FOLSOM,
vs.
THE UNITED STATES.
BRIEF FOR CLAIMANTS.
This is an action brought by original petition to recover
the sum of $4,612 50, the balance due upon a contract of
charter-party for the use of the brig Edwin H. Fitler, belong-
ing to the claimants, by the Quartermaster's Department
United States Army.
FACTS.
The history of the case is this: The brig arriving at New
Orleans in February, 1865, whither she went on a voyage
from Philadelphia in service, paying rates more remunerative
than the terms of this charter-party, (see testimony of J. 11.
Holmes, p. 2; of W. H. Olmslead, p. 7; and of F. Guckert, p.
14,) reached there when the Government was~in great need
of water transportation for army purposes, as is shown bv
General Canby's orders, (pp. 23, 24, 25,) also by Captain Per-
kins' testimony, (pp. 9 and 10,) and testimony of J. H.
Holmes, (p. 2.)
Under these circumstances, the contract set out in the
petition was made, the charter-party being executed by J. H.
Holmes, master of the brig, and by Captain F. W. Perkins,
A. Q. M. for the United States. (See charter-party, pp. 2, 3,
and 4 of petition, and pp. 20 and 22 of testimony.)
Under this charter-party the Quartermaster's Department
U. S. A. took charge of the vessel, and retained her in their
service and employment till the 1st day of June, 1865.

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