Noah Haynes Swayne

“ The resolution relied upon by the appellant was wholly unilateral. It contained no stipulation of payment, express or implied. Congress, for its own reasons, simply directed an examination and adjustment. It gave no promise and came under no obligation to the other party, and asked and received none from him. The government and the claimant stood, and continued to stand, wholly independent of each other. ”

“ If a merchant should direct his clerk or other agent to 'investigate and adjust the claim' of a third party upon a prescribed basis, and the adjustment was made accordingly, can it be doubted that the merchant might thereafter, because he had come to the conclusion that the claim was tainted with fraud or had been already fully pa d, or for any other reason, or as a matter of choice, without assigning any reason, decline to recognize what had been done as of any validity, and withdraw the authority under which the proceeding had been taken? ”

“ United States v. Babbitt, 1 Black, 55. This case is not distinguishable in principle from Gordon v. United States, 7 Wall. 188. Aside from the views we have expressed, that adjudication is conclusive as authority against the appellant. ”