Summary

Portrait of Samuel Freeman Miller Samuel Freeman Miller Gibbons v. United States — Opinion of the Court

But it is not to be disguised that this case is an attempt, under the assumption of an implied contract, to make the government responsible for the unauthorized acts of its officer, those acts being in themselves torts. No government has ever held itself liable to individuals for the misfeasance, laches, or unauthorized exercise of power by its officers and agents.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Gibbons v. United States — Opinion of the Court

In the absence of adjudged cases determining how far the government may be responsible on an implied assumpsit for acts which, though unauthorized, may have been done in its interest, and of which it may have received the benefit, the apparent hardships of many such cases present strong appeals to the courts to indemnify the suffering individual at the expense of the United States.
Source: Wikisource

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