
    CLARK & FULTON’S CASE.
    (11 C. Cls. R., 774; 99 U. S. R., 493.)
    James S. Clark et al., appellants, v. The United States, appellees.
    
      On the claimants1 Appeal.
    
    
      In August, 1865, merchants in New Orleans ship cotton which they consign to the supervising agent of the Treasury at Mobile. On arrival they demand it; but it is shipiped to New York by the agent, sold, and the proceeds are paid into the Treasury. In March, 1872, the oivners bring this action.
    
    The court below decides that the action cannot he maintained as an action on contract and that suit shouldhave been brought under the abandoned or captured property act. Judgment for the defendants. The claimants appeal.
    The judgment of the court below is affirmed, upon the grouud that if the action could be maintained it was barred by the statute of limitations, Amended Court of Claims Act (12 Stat. L., 765, § 10), the court deeming it unnecessary to pass iipon' the other question.
   Mr. Justice Swayne

delivered the opinion of the Supreme Court on the last day of the preceding term, May 5, 1879.  