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MILNOR V. METZ, 41 U. S. 221 (1841)

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U.S. Supreme Court

Milnor v. Metz, 41 U.S. 16 Pet. 221 221 (1841)

Milnor v. Metz

41 U.S. (16 Pet.) 221


M. was discharged by the insolvent laws of Pennsylvania, after having made, according to the requirements of the law, an assignment of "all his estate, property, and effects for the benefit of his creditors." After his discharge, be presented a petition to Congress for a compensation for extra services performed by him as United States gauger before his petition for his discharge by the insolvent law. As gauger, he had received the salary allowed by law, but the services for which compensation was asked were performed in addition to those of gauger, by regauging wines, which had become necessary by an act of Congress reducing the duties charged upon them. Congress passed an act giving him a sum of money for those extra services. Held that the assignee under the insolvent laws was entitled to receive from the Treasury of the United States the amount so allowed.

Cited, Comegys v. Vasse, 1 Pet. 193; United States v. McDaniel, 7 Pet. 1; United States v. Fillebrown, 7 Pet. 50; Emerson v. Hall, 13 Pet. 409.

The appellants, Milnor and Thompson, were, during the years 1836 and 1837, United States gaugers for the port of Philadelphia, and as such received the full compensation allowed by law for that period. The duties having been rendered unusually laborious during the year by the operation of the Act of July 4, 1836, reducing the duties on wines, under which they were required to regauge them, they appealed to Congress for extra compensation to the amount of their full ordinary fees for these additional services.

Their memorial to Congress was presented in January, 1838, and in May, 1840, an act was passed for their relief, by which the sum of

"two thousand seven hundred and fifty-seven dollars and twenty-three cents, being the amount of fees due to them for extra services as gaugers in the port of Philadelphia after the passage of the Act of 4 July, 1836, reducing the duty on wines."

George W. Metz made no claim before Congress, as the assignee of Robert Milnor.

In December, 1838, the appellant, Robert Milnor, applied at chanroblesvirtualawlibrary

Page 41 U. S. 222

Philadelphia for the benefit of the insolvent laws of Pennsylvania, and he was discharged in January 1839, having executed the usual assignment for the benefit of his creditors. The appellee, George W. Metz, was duly qualified and became the sole assignee. After the act of 1840 had passed, he applied at the Treasury Department, claiming the amount of the sum allowed by the same to Robert Milnor, being one-half of the whole sum allowed, the other portion belonging to John Thompson. This application was rejected, and this suit was instituted against the appellants. The court made a decree in favor of the appellee, and the appellant, Robert Milnor, prosecuted this appeal. chanroblesvirtualawlibrary

Page 41 U. S. 224

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