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Minis v. United States, 40 U.S. 423 (1841)

Minis v. United States

40 U.S. 423

ERROR TO THE CIRCUIT

COURT OF GEORGIA

clubjuris

Page 40 U. S. 424

The United States, at August term 1838, presented a petition to the District judge of the district Court of the district of Georgia, stating that Philip Minis was indebted to the United States in the sum of $13,589.05, exclusive of interest, for money lent, money paid by the United States for the use of the defendant, and for money had and received and found due by him to the United States.

The claim of the United States was on a Treasury transcript, duly certified, of the account of the United States with the defendant, Philip Minis, surgeon and military district agent, dated January 15, 1838, showing the amount claimed to be due by him to the United States. Against this demand, the defendant claimed certain allowances which had been submitted to the Treasury, among which was a charge of two and one-half percent commissions for disbursing $514,237.61, the same sum having been paid by him as the agent of the United States for removing and subsisting the Cherokee Indians. This was disallowed at the Treasury of the United States, under the Act of 3 March, 1835, which prohibits the allowance of any percent or additional pay in any form on account of disbursing any public money unless authorized by law.