Robert Cooper Grier

“ The petition shows that the claimant was acting under a contract with Mechlin & Alexander (who were the sureties for the fulfilment of the contract of Degges & Smith) , and not under a contract with the United States, and was recognized only as agent, attorney-in-fact, or employ e of the sureties; and that under the resolution of Congress, approved March 3d, 1857, by which the Secretary of the Treasury was authorized to settle with all the parties, respectively, in the contract, the claimant was not included, because he was no party to it either originally or by substitution. ”

“ Kellogg now filed his petition in the court below, setting forth the facts above stated, and insisting that the award of the said sum of money to Mechlin & Alexander, and the exclusion of him from the benefits of the resolution by the secretary, was erroneous, and contrary to the intent of the resolution; and that the secretary should have awarded him, as the amount he was entitled to receive under the resolution, as 'a party interested in said contract,' the sum of $62,692; to recover which sum and interest, amounting in all to $91,389, the suit was instituted. ”

“ But something more is necessary to recover in a court of justice.
JUDGMENT AFFIRMED.
Notes
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”