American Law Review, Volume 4Little, Brown and Company, 1870 - Law |
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Page 7
It is too clear to be controverted , ” said Chief Justice Marshall in an early case , “
that where a public agent acts in the line of his duty and by legal authority , his
contracts made on account of the Government are public and not personal .
It is too clear to be controverted , ” said Chief Justice Marshall in an early case , “
that where a public agent acts in the line of his duty and by legal authority , his
contracts made on account of the Government are public and not personal .
Page 8
Justice Marshall amounts only to a strong presumption in favor of public officers .
The question in such cases is , after all , one of intent ; for undoubtedly if an
officer means to bind himself instead of the Government , he can do so . Such
was the ...
Justice Marshall amounts only to a strong presumption in favor of public officers .
The question in such cases is , after all , one of intent ; for undoubtedly if an
officer means to bind himself instead of the Government , he can do so . Such
was the ...
Page 12
Chief Justice Casey discussed the topic more at length : “ What is that public
exigency which requires immediate delivery of articles , or performance of service
, which justifies dispensing with the advertisement ? Who is to decide whether it ...
Chief Justice Casey discussed the topic more at length : “ What is that public
exigency which requires immediate delivery of articles , or performance of service
, which justifies dispensing with the advertisement ? Who is to decide whether it ...
Page 31
No one can suppose that a claim so large in amount , and so well founded in
justice , can be waived or abandoned on our part . It is very frequently said , that ,
in the present condition of the case , there is no occasion for us to do any thing at
all ...
No one can suppose that a claim so large in amount , and so well founded in
justice , can be waived or abandoned on our part . It is very frequently said , that ,
in the present condition of the case , there is no occasion for us to do any thing at
all ...
Page 40
On the other hand , very able and eminent judges , like Lord Westbury , . in
England , and Mr . Justice Hoar 2 in this country , look upon the new doctrine with
little favor , and have greatly shaken the authority of the original decision , which
at ...
On the other hand , very able and eminent judges , like Lord Westbury , . in
England , and Mr . Justice Hoar 2 in this country , look upon the new doctrine with
little favor , and have greatly shaken the authority of the original decision , which
at ...
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Contents
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