
    LOPER’S AND REYBOLD’S CASES.
    Richard E. Loper v. The United States. Anthony Reybold v. The United States.
    
      On the Proofs.
    
    
      A charter-party gives the charterer the right to purchase the vessel “at the end of three months.” It states that it is “made and concluded” on the 15th October, hut is “signed and sealed” ore the 20th, and provides that it is “to commence when the vessel is reported ready to receive cargo.” Both parties treat the three months as running from, the first date. Payment being delayed, the owners protest against the sale talcing effect as of three months from the first date, hut. finally accept the purchase-money, giving a hill of sale of that date, and accepting payment for the running expenses of the vessel in the interval. They now sue for her wages for the intervening period.
    
    
      I. Agreeing to sell and transfer a vessel on a certain day and subsequently accepting tlie purchase-money and giving a hill of sale of that date, and accepting payment for the vessel’s running expenses in the interval, constitute an agreement to sell as of that date.
    II. If there he several contracts on the same matter of different dates, inconsistent with each other, the latest must control.
    
      The Reporters' statement of the case:
    The following facts were found by the court:
    ' I. The claim set forth in the petition was made upon the War Department, and was transmitted, with all the vouchers, papers, proofs, and documents pertaining- thereto, to this court by the Secretary of War September 2, 1872, for the reason set forth by him in his order and letter of transmission, that it “involves disputed facts and controverted questions of law, and the amount in controversy therein exceeds $3,000.”
    ' II. The charter-party, of which the following is a copy, was made between the claimant and G-. II. Crosman, deputy quartermaster-general, acting by order of the Assistant Secretary of War:
    “This charter-party of affreightment, made and concluded on this fifteenth day of October, in the year one thousand eight hundred and sixty-two, between E. F. Loper, owner of the steamer or vessel called the Gen’l Meigs, of Philadelphia, of the burthen of four hundred tons, or thereabouts, at present lying at-, in the employ of the U. S. War Department, and commanded by G. W. Watson, of the one part, and George H. Grosman, deputy quartermaster-general, U. S. A., of the other part, witnesseth:
    “That said E. F. Loper does and doth hereby grant and to freight let, and the said George II. Grosman, deputy quartermaster-gen’l, U. S. Army, does and doth hereby grant and to freight take, the said steamer or vessel called the General Meigs, to load at-, and proceed on the voyage as hereinafter mentioned. (Always reserving sufficient- room for the stowage of the vessel’s cables and materials, and accommodation of the officers and crew.) And thereupon E. F. Loper doth hereby covenant, grant, and agree to and with the said George H. Cros-man, deputy quartermaster-general, U. S. Army, that the said steamer General Meigs now is, and shall be kept and maintained during the whole of the time mentioned in this contract tight, staunch, and strong, and well and sufficiently manned, victualed, tackled, and apparelled, and furnished in every respect fit for the merchant’s service, except fuel, at the cost and charge of her owners.
    “And shall this day, of the date hereof, be ready to receive on board, whenever then tendered alongside by the quartermaster, U. S. Army, such goods as they shall order and direct, and said vessel can conveniently stow and carry; and, when laden, shall sail with the first good opportunity from the port of — and' proceed direct to such ports as ordered by the quartermaster, U. S. A., and deliver cargo to the quartermaster, or duly authorized agent of the War Department, the dangers of the seas excepted. All port charges will be paid by the War Department; all cargo to be received and delivered within reach of said vessel’s tackles. ■
    “In consideration whereof the said-'George II. Grosman, deputy quartermaster-general, U. S; Army, hereby binds ' and • obligates the U. S. War Department to employ the said vessel for the term of six months from the date of this charter, and that, as a freight or hire of the said vessel during the term of this contract, they will pay, or cause to be paid, the full and just sum of three hundred dollars per day for each and every day said steamer may be employed, and.- to furnish all fuel from the above date until the said steamer is returned to the said B. F. Loper, at the port of Philadelphia, in the same order as when received, common wear and tear excepted; to become due,; owing, and payable in the manner and form-following, that is to-say: Payable to the order of B. F. Loper, on the fifteenth day of each month, as the same shall become due, at the deputy quartermaster-gen’l’s office at Philadelphia, upon presenting certificates signed by the duly-authorized agents of the War Department that said vessel has performed her part of this contract. The U. S. War Department takes the Avar risk and 11. F. Loper the sea-rislc upon the aforesaid steamer. The War Department has the privilege to purchase said steamer at the end of three months for the sum of forty-five thousand dollars (cash); said steamer is valued at fifty-thousand dollars. The charter of the above to commence Avhen she is reported at the quartermaster’s office at Philadelphia as being ready to receive cargo.
    “In witness whereof the said parties to these lmm hereunto interchangeably set their hands and affixed their seals on the twentieth day of October, 1862. It is further agreed that no member of Congress is or shall be admitted to any share in this-contract or any benefits to arise therefrom.
    “B. F. LOPEB. L. S.
    “G. H. CBOSMAN. L. S.
    
      uDepHy Q. M. Gen’l.
    
    “ Signed, sealed, and delivered in the presence of us—
    “Geo. W. Tobias.
    “Geo. D. Beach.
    “This charter-party, executed by order of Hon. John Tucker,’ Asst. Secretary of War, as per his letter of 9th October, 1862.
    “G. H. CBOSMAN,
    
      “Deputy Q. M. Gen., V. 8. A.”
    
      Tbe steamer was reported at Philadelphia as ready to receive cargo December 29,1862, and thereafter continued in the service of the United States until May 13,1863.
    III. The following letter was sent by the Quartermaster-General to said Crosman at the time of its date:
    “ QuAKTEKMASTEK-GeNEKAL’S Oeeice,
    “ Washington City, Pel). 2, 1863.
    “Colonel G. H. CrosMAn,
    
      “Deputy Q. Master-General, Philadelphia:
    
    
      u COLONEL: It is understood that the charter-parties of the steamers General Burnside and General Meigs, of the 15th of October last, provide that the War Department shall have the privilege to jmrehase said steamers, at the end of three months from that date, for the sum of forty-five thousand ($45,000) each. The Q. Master-General deems it advisable to avail himself of that privilege, and you are accordingly directed to purchase said vessels, as provided in the charter-parties, the purchase to date from the 15th January, 1863. As the vessels are still in service, and payments for the service under those charters will not be made beyond that date, the owners will be paid the expenses of running them from said 15th day of January until such time as the expenses are assumed and provided for by the United States. It is believed that the arrangement now understood to exist between the owners of these steamers and the captains, whereby the latter are to provide the necessary officers (except engineers) and crew to man them for the sum of one thousand ($1,000) dollars per month, which includes provisions for all of the officers and crew; will be advantageous to the government; and you are therefore authorized to make similar arrangements. * * * * *'
    
    “Very respectfully, your ob’t s’v’t,,
    “M. 0. MEIGS,
    “ Q. Master-GeneraV’
    Said letter was jdaced in the hands of Captain Boyd, an assistant quartermaster under said Grossman, and in the same office with him, who sent for said Loper, and told him that he wanted him (Loper) to make a transfer of the vessels to the government, as required by the charter-party; to which said Loper replied that he would do it; but the letter from the Quartermaster-General was not shown to him.
    IY. The following letters were written and delivered to the parties therein addressed by said Loper at the time of their date:
    “Philad., PeVy 4, 1863.
    “Hon. Sir : As Col. Biggs was leaving this city for Newburn to-morrow (the 5th), I have taken the liberty of sending the following notice of tbe sale of the steam-propellers Gen. Meigs and Gen. Burnside.
    “Hoping this may meet your approval,
    “I am very respectfully, your ob. s’v’t,
    “B. F. LOPEB.
    “Brig. Gen. M. C. Meigs,
    “ Q’r M’r General, IT. 8. Army, Washington, D. G.”
    
    With the following letter inclosed:
    “Philad., Peh’y 4,1863.
    “Dear Sir: I wordd hereby respectfully inform you that I have sold the steamgpropellers Gent. Meigs and Gen. Burnside to the D. S. War Department, to date from the fifteenth of January last past; that the U. S. War Department pay all expenses from and after that date.
    “It was also agreed that the captains should have one thousand dollars per month to man the boats and victual all hands; the D. S. War Department to pay engineers, firemen, & coal-passers’ wages; captain to furnish board.
    “Very truly, yours, &c.,
    “B. F. LOPEB.
    “Lieu. Ool. HERMAN Biggs,
    “ Q’r M’r, IJ. 8. Army.”
    
    V. About the 9th of March, 1863, said Boyd again sent for said Loper, the matter of the transfer of the vessel not having-been complied with, and Loper positively declined to transfer the same, of which the Quartermaster-General and said Crosman were informed by said Boyd.
    Afterward the following letter was received by said Crosman:
    “Quartermaster-General’s Oepice,
    “ Washington City, March 9th, 1863.
    “Col. G. H. Crosman,
    
      I)ejp. Q. M. Gen’l, IT. 8. A., Philadelphia, Pa.:
    
    “Colonel: The report of the committee on charters recommends that no money be paid on charters in which certain parties are interested.
    “You will conform to this recommendation strictly until, after investigation, further orders are given.
    W -¿V TP TP ■7V*
    “The 1 Gen’l Burnside’ and Gen’l Meigs not yet examined. “None of the purchases will be concluded by payment of the money until the vessels are thoroughly examined and found to be worth the money asked.
    “Very respectfully, yotu- ob’t servant,
    “M. C. MEIGS,
    “ Q’r M’r General.”
    
    
      Immediately thereafter said Boyd informed said Loper orally that a letter had been received from the Quartermaster-General, and that the matter of the transfer of the vessels was suspended for the time being.
    Subsequently said Orosman received the following letter:
    “ Quartermaster-General’s Office,
    
      “Washington City, May 9, 1863.
    “Col. Geo. H. Crosman,
    
      “Asst. Q’r M’r Gen’l, Phila., Penna.:
    
    “ Colonel : You will please take immediate measures to carry out the instructions embraced in the letter to you from this office dated Feb. 2,1863, a copy of which is enclosed, relative to the purchase of the steamers Gen’l Meigs & Gen’l Burnside.
    “The papers transferring title will be perfected and the vessels paid for at once.
    “Payments for the service of these vessels to cease from the 15th January, 1863. Expense of running them from that date to be paid to owners. These vessels will be .transferred to the chief quartermaster Department of the South.
    “Bespectfully, your ob’t s’v’t,
    “By order.
    “R. E. CLARY,
    “ Col. & Q. M.”
    
    About the 10th or 11th of May, 1863, said Boyd again sent for said Loper to come to his office, and then told him that the Government insisted upon having him transfer the vessels immediately. He (said Loper) protested against the great injustice that the Government was doing, on the ground that vessel-property had in the mean time increased from fifty to one hundred per cent, in value, and the Government still owed him for services rendered by these vessels from the 15th January, 1863, up to that date which he would insist on collecting from the Government ; and he would not have made the transfer at all, except that he was powerless to fight the Government. That they had already large sums locked up and suspended, and that he was very much in want of money.
    YI. On the 13th of May, 1863, the following bill of sale, duly acknowledged before a notary public February 23, 1863, was delivered:
    “ Know all men by these presents that I, R. F. Loper, of Philadelphia, State of Pennsylvania, for and in consideration of the sum of forty-five thousand dollars, to me in hand paid by the United States Government, the receipt whereof is hereby acknowledged, have, and by these, presents do, grant,' bargain, sell, assign, transfer, and set over unto the said United States government the whole of the steamboat General Meigs, of Philadelphia, together with all her masts, yards, sails, rigging, anchors, cables, boats, tackle, apparel, and appurtenances; which said vessel is enrolled in the port of Philadelphia in the words following, to wit:
    "District and Poet op Philadelphia, No. 122.
    
      “ ‘ Enrollment in conformity to an act of the Congress of the United States of entitled “An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same.”
    Custom cm hm„e w'm.'HÜ'rbeüou, Dep. Coii.
    “‘EF. Loper, of Philadelphia, State of Pennsylvania, having taken or subscribed the oath required by the said act, and having sworn that he, the said It. F. Loper, is a citizen of the United States, sole owner of the ship or vessel called the General Meigs, of Philadelphia, whereof George W. Watson is at present master, and, as he hath sworn, is a citizen of the United States, and that the said ship or vessel was built at Philadelphia, in the State of Pennsylvania, in the year eighteen hundred and sixty-two, as per carpenter’s certificate of building, on file in this office; and Chas. M. Hall, deputy surveyor for this district, having-certified that the said ship or vessel has one deck and three masts, and that her length is one hundred fifty-four feet, her breadth twenty-two feet, her depth nine T8^ feet, and that she measures three hundred twenty-nine f § tons; that she is a steamboat, has and head; and the saitl B. F. Loper having agreed to the description and admeasurement above specified, and sufficient security having been given according to the said act, the said steamboat has been duly enrolled at the port of Philadelphia.
    “ 1 Given under our hands and seal, at the port of Philadelphia, this sixteenth day of April, in the year one thousand eight hundred and sixty-two:
    “ ‘ To have and"to hold the said steamboat General Meigs and appurtenances unto the said United States Government for ever. And I, the said B. F. Loper, for myself, my heirs, executors, and administrators, do hereby covenant and agree, to and with the said United States Government, that at the execution of these presents I am the true and lawful owner of the said steamboat General Meigs and appurtenances, and that I now have full right and authority to sell and dispose of the same, freed from and cleared of all claims, incumbrances, or demands whatsoever.
    
      “1 In witness where of I have hereunto set my hand and seal tlie fifteenth clay of January, in tbe year of our Lord one thousand eight hundred and sixty-three.
    “‘R. F. LOPEE. [i/. s.]
    “‘ Signed, sealed, and delivered in the presence of—
    “‘Geo. W. Tobias.’”
    And on the same day, May 13,1863, the defendants paid said Loper for said vessel (General Meigs), and received from him a voucher and receipt therefor, of which the following is a copy:
    “ The United States to B. F. Loper, JDr.
    
    
      “ 1863. Dollars. Cents.
    “Jan. 15. For 1 steamer named the General Meigs, with her masts, yards, rigging, anchors, cables, boats, tackle, apparel, and appurtenances complete. 45,000 00
    “As per letters dated Qr. M. General’s Office, Washington, February 2d and May 9th, 1863, hereto annexed.
    “ I certify that the above account is correct and just, and that the articles are to be accounted for on my property-return for the month of May, 1863.
    “A. BOYD,
    “ Asst. Quartermaster.
    
    “Received at Philadelphia, the 13th of May, 1863, of Gapt. A. Boyd, assistant quartermaster, U. S. Army, forty-five thousand dollars and cents, in full of the above account.
    “R. F. LOPER.”
    At the time of the execution and delivery of said voucher, the letters therein referred to were not annexed thereto.
    VIL The defendants paid said Loper $4,000, reimbursement of moneys paid for victualing, manning, and sailing said steamer, and received from him vouchers and receipts therefor, of which the following are copies:
    “ The United States to B. F. Loper, JDr.
    
    “1863. Dollars. Cents.
    “ March 15. Reimbursement of moneys paid for victualing, manning, and sailing steam-propeller General Meigs, from the 15th day of January to the 15th day of March, 1863, as per agreement made with Brig. Gen’l M. O. Meigs, Quartermaster-General, U. S. A., 2 months, © $1,000.00 per month. 2,000 00
    
      “I certify that tbe above account is correct and just; tbat tbe services were rendered as stated; and tbat they were necessary for tbe public service.
    “B. F. LOPEB.
    “Deceived at Philadelphia,;.tbe 30 of May, 1863, of Oapt. A. Boyd, assistant quartermaster, United States Army, tbe sum of two thousand dollars and cents, in full of tbe above account.
    “B. F. LOPEB.
    “ G. W. WATSON, Oapt.”
    
    “ The United States to B. F. Loper, Dr.
    
    “1883. Dollars. Cents.
    “ For reimbursement of moneys paid for victualing, manning, and sailing tbe steamer General Meigs, from March loth to May 15th, 1863, as per agreement made with Brig. Gen’l M. 0. Meigs,
    Q’rm’r Gen’l, and subvoucher herewith annexed, being 2 months, at $1,000.00 per month. $2,000 00
    “ I certify that the above account is correct and just; that the services were rendered as stated; and that they were necessary for the public service.
    “G. W. WATSON.
    “ Deceived at Philadelphia, the 17th of June, 1863, of Oapt. A. Boyd, assistant quartermaster, United States Army, the sum of two thousand dollars and cents, in full of the above account.
    “B. F. LOPEB.”
    The defendants also paid to said Loper, partly on the 30th of May, 1863, and partly on the 17th of June, 1863, $833.24 for reimbursement for services of first and second engineer, fireman, and coal-passer, from Jan’y 15 to May 15, 1863, and received from him ten vouchers and receipts, each for different parts thereof, of one of which the following is a copy, and the others were substantially in like form :
    “ The United States to B. F. Loper, L)r.
    
    
      “ Placo and date. Dolls. Cts.
    “ 1863. Beimbursements of monej’s paid :
    “ Mar. 15th. For services of E. McCrickett, fireman on steamer General Meigs, from January 15th to March 15th, 1863, as per voucher attached, 2 months, © $35.00 per month. 70 00
    
      ' “ I certify that tbe above account is correct and just; that tbe services were rendered as stated; that they were necessary for tbe public sendee.
    “ G. W. WATSON, Gapt.
    
    “ Received at Philadelphia, tbe 30th day of May, 1863, of Oapt. A. Boyd, assistant quartermaster, United States Army, tbe sum seventy dollars and cents, in full of tbe above account.
    “R. F. LOPER.”
    VIII.On tbe 12th of June, 1863, tbe defendants paid to said Loper $5,250 for tbe services of said steamer from Dec. 29,1862, to Jan’y 15,1863, and received from him a voucher and receipt, of which tbe following is a copy:
    “ The United States to steamer Gen. Meigs.
    
    
      “ 1833. Dollars. Cents.
    “ Jan’y 15. For service of steamer General Meigs, as per charter, from tbe 29th day of December to tbe 15th day of January, 1863, both days inclusive, 18 days, at $300 per clay. 5,400
    “Deduction for ¿-day’s sendees, Dec. 29, not covered by certificate at $300 per day... 150
    $5,250
    “I certify that tbe aforesaid steamer was born’ on my report of persons and articles hired for tbe months of December, 1862, and January, 1863.
    “ A. BOYD,
    “ Oapt & A. Q. M.
    
    “Received at Philadelphia, tbe 12 of June, 1863, of Oapt. A. Boyd, assistant quartermaster, United States Army, tbe sum of fifty-two hundred and fifty dollars and cents, in full of tbe above account.
    “ R. F, LOPER.”
    IX. Tbe defendants have made no other payments for tbe use of said vessel.
    (Additional findings made at request of claimants:)
    X. Tbe following letter and indorsement were written as they purport to have been:
    “ QiIARTERMASTER-GeNERAL’S Oeeice,
    “ Washington City, March 3,1863.
    “ Hon. E. M. STANTON,
    “ Secretary of War :
    
    “ Sir : On tbe 2nd ult. I directed Ool. Geo. H. Crosman, deputy Q. master-general, at Philadelphia, to purchase tbe steamers 
      1 General Burnside ’ and 1 General Meigs ’ for tbe use of tbe Q. Master’s Department, at tbe rate of $45,000 each, tbe purchase to date from tbe 15tb January last.
    “ These steamers were tbe property, either in whole or part, of Richard F. Loper, whose ,-name appears somewhat conspicuously in the report of the select committee of the Senate, appointed to inquire into the matter of the employment of transport vessels, of which committee the Hon. Mr. Grimes was chairman. Before ordering payment of the money, I deem it proper to bring the subject to your notice and to ask for your instructions in the case.
    * # # # * # #
    “ These vessels were in the employ of the Government, under charter by the following-named officers, at rates as set opposite their names, with privilege of purchase within three months from the date of their charters, Oct. 15th, 1862, at $45,000 each:
    
      
    
    “ The prices at which these vessels were offered was considered fair, and to perfect them purchase would be highly advantageous to the Government.
    “Very respectfully, your ob’t serv’t,
    “ M. O. MEIGS,
    “ Q. Master-General.”
    
    “(Indorsed:)
    “The Quartermaster-General is authorized to do what he deems most advantageous to the Government in the premises.
    “EDWIN M. STANTON,
    “ See. of War.
    
    “March 23, ’63.”
    XI. The letters of the Quartermaster-General of February 2,1863, and May 9, 1863, to Colonel Crosman, were not proved to have been shown to Captain Loper nor their contents stated to him, except so far as to request him to make the transfer.
    
      Mr. Bdxoard Mteh and Mr. J. W. Butterfield for the claimant.
    
      Mr. John 8. Blair (with whom was the Assistant Attorney-General) for the defendants.
   Richardson, J.,

delivered the opinion of the court:

These two cases were tried together, and are substantially alike in the material facts upon which the rights and liabilities of the parties must be determined.

In Loper’s case, the claimant let to the defendants, through the War Department, for the term of six months, at an agreed compensation of $300 a day, the steamer General Meigs, owned by him, by a charter-party, wherein it was agreed, among other things, that “the War Department has the privilege to purchase said steamer at the end of three months for the sum of forty-five thousand dollars cash.”

The charter-party recites that it was “made and concluded on this fifteenth day of October, 1802,” and signed and sealed “on the twentieth day of October, 1802,” and contains this provision: “The charter of the above to commence when she is reported at the quartermaster’s office at Philadelphia as being ready to receive cargo.” The steamer was reported for service December 29,1802. At the trial, the claimant’s counsel contended that the right of the War Department to purchase the steamer did not accrue until after March 29, 1863, three months from the date of her reportmgjfor service, while, on the part of the defendants, it was contended that the right accrued on the 15th of January, 1863, three months from the date of the charter.

According to our view of the case, this point becomes wholly immaterial. The defendants’ present position thereon was taken and asserted by the War Department as early as February 2, 1863, and seems to have been acquiesced in by the claimant without objection during the whole period of time in which the transaction set forth in the findings occurred, and until after the final settlement and payment by the defendants in accordance with subsequent agreements, made upon the basis of that construction; and if the claimant would not have been bound by a conceded interpretation not finally acted upon, he is certainly bound by his own agreements, entered into and executed voluntarily, with a full knowledge of all the facts, and without fraud on the part of the defendants’ officers, even if made under a wrong inq>ression on his part as to some of his legal rights by the previous contract. (Stone v. Clark, 1 Metc., 381; Stokes v. Peeknagle, 38 N. Y. Superior Ct., 384; Chicago v. Sheldon, 9 Wall., 54.)

Tbe claimant bas been paid for tbe use of tbe steamer np to tbe 15tb of January, 1803, at tbe agreed rate of $300 per day, and now brings tbis action for ber use from that date until May 13, following, when tbe bill of sale was delivered and payment of tbe purebase-money ($45,000) was made; tbe steamer having been in tbe mean time in use by tbe War Department. If tbe findings disclosed no other agreements than those set forth in tbe charter-party, there would seem tobe no substantial defense to tbe claim; but these additional facts appear:

On tbe 3d of February, 1863, tbe Quartermaster-General addressed a letter to bis assistant in Philadelphia, in tbe following terms:

“ It is understood that the charter-parties of tbe steamers General Burnside and General Meigs, of tbe 15th of October last, provide that tbe War Department shall have tbe privilege to purchase said steamers at the end of three months from that date, for tbe sum of forty-five thousand ($45,000) each. The Q. Master-General'deems it advisable to avail himself of that privilege, and you are accordingly directed to purchase said vessels, as provided in tbe charter-parties, tbe purchase to date from tbe 15th January, 1863. As tbe vessels are still in service, and tbe payments for the service under those charters will not be made beyond that date, tbe owners will be paid tbe expenses of running them from said 15th day of January until such time as tbe expenses are assumed and provided for by tbe United States. It is believed that tbe arrangement now understood to exist between tbe owners of these steamers and tbe captains, whereby tbe latter are to provide tbe necessary officers(except engineers) and crew to man them for tbe sum of one thousand ($1,000) dollars per month, which includes provisions for all of tbe officers and crew, will be advantageous to tbe government; and jrou are therefore authorized to make similar arrangements.”

It was not proved that tbis letter was shown to tbe claimant, nor does it appear positively that its contents were communicated to him, ffiit be was immediately called upon “to make a transfer of tbe vessels to tbe Government, as required by tbe charter-party, to which be replied that be would do it;” and two days afterward, February 4, 1863, be wrote a letter, in which be sets forth bis agreement to sell tbe vessels on substantially tbe terms specified by tbe Quartermaster-General, as follows:

“I would hereby respectfully inform you that I have'sold tbe steam-propellers Geni. Meigs and Gen. Burnside to tbe D. S. War Department, to date from tbe fifteenth of January last past; that tbe U. S. War Department pay all expenses from and after that date.
“It was also agreed that the captains should have one thousand dollars per month to man the boats and victual all hands; the U. S. 'War Department to pay engineers, firemen, & coal-passers’ wages; captain to furnish board.”

A bill of sale was thereupon drawn and signed by Loper, bearing date January 15,1863, and acknowledged on the 23d of February then next following.

Thus it seems to be clearly established that an agreement was made and well understood on both sides for the sale and purchase of the steamer, to date or take effect from the 15th of January.

Then followed some delay and objections by each party. About the 9th of March Loper positively declined to transfer the vessels, and about the same time, on account of the report of a committee of Congress on charters of vessels, the Quartermaster-General gave orders that “none of the purchases will be concluded by payment of the money until the vessels are thoroughly examined and found to be worth the money asked,” adding that the General Burnside and General Meigs had not yet been examined.

Thus the matter stood suspended, neither party insisting upon performance, for two months, until May 9,1863, when the Quartermaster-General gave directions to his assistant in writing to take immediate measures to cany out the instructions embraced in the letter to him dated February 2,1863, “payments for the service of these vessels to cease the 15th of January, 1863, expenses for running them from that date to be paid by owners.”

Thereupon Loper was “told that the Government insisted upon having him transfer the vessels immediately. He protested against the great injustice that the Government was doing, on the ground that vessel property had in the mean time increased from fifty to one hundred per cent, in value, and the Government still owed him for services rendered by these vessels from the 15th January, 1863, up to that date, which he would insist on collecting from the Government; and he would not have made the transfer at all, except that he was powerless to fight the Government; that they had already large sums locked up and suspended, and that he was very much in want of money.”

Yet, notwithstanding these objections, the claimant subsequently made a settlement on the basis of the agreement of the previous February, which had been suspended. On the 13th of May, 1863, be delivered tbe bill of sale wbicb bad been signed in February and bore date January 15,1863. At tbe same time be gave a receipt and voucher for tbe purcbase-money, $45,000, also dated January 15, and setting forth that tbe sale was made “ as per letters dated Quatermaster-General’s Office, 2d and 9th of February, 1863, hereto annexed”; although those letters were not then annexed. He was furthermore paid $4,000, for which he gave two vouchers and receipts for $2,000 each, in which payment is acknowledged “for reimbursement of moneys paid for victualing, manning, and sailing steam-propeller General Meigs for January 15, * * * as per agreement made with Brig. Gen. M. C. Meigs, Quartermaster-General, United States Army.” He also then and on the 17th of June following gave ten vouchers, part at each date, for payment by the defendants of the services of engineers, firemen, and coal-passers, from January 15 to May 15. And on the 12th of June he was paid for the services of the vessel, at $300 a day, up to January 15, and gave his receipt therefor.

Thus it will be seen that the agreement recited by the claimant in his letter of February 4 to have been made by him with the Quartermaster-General, and which that officer proposed in his letter of two days’ earlier date, was fully carried out and executed exactly according to the terms stated by both parties. The sale was declared to have taken effect as of January 15; the claimant was paid the per diem up to that time and the cost of maiming and victualing the vessels thereafter at $1,000 per month, and also for the wages of the engineers, firemen, and coal-passers; all of which was entirely inconsistent with his present claim for per diem compensation after the 15th of January.

Several questions of law were argued at the trial not deemed by us to be involved in the case. The only question to be determined is whether the claimant is bound by his settlements made upon the basis of his agreements entered into subsequently to .the execution of the charter-party, or can set them aside and recover on the first contract, giving credit thereon for the payments made to him upon the basis of the subsequent agreements ; and we are all of opinion that he must be held to his settlements.

When parties make several contracts on the same matter, of different dates, and inconsistent with each other, and act upon them as in this case, tbe latest must control tlieir respective rights and liability as far as it goes, as a later statute repeals all former acts inconsistent therewith; and neither party is left to his choice between them without the consent of the other.

In Reybold’s Case, the vessel chartered was the - General Burnside, owned by four parties, in quarter shares, of whom the captain was one and Loper was another, and he was the managing owner who signed the charter-party. All the owners-joined in the receipt and voucher for the purchase-money, and they executed two bills of sale for different shares, one of them signed by the captain as owner of one-quarter, dated April 29,, 1863, and the other by all the remaining owners, dated January 15,1863.

The receipts for the services up to January 15, for the manning and victualing of the vessels, and the cost of the wages of the engineers, firemen, and coal-passers, subsequently, the latter to the number of fourteen, were signed by said Loper, and contained the same recitals as those in his own case, and his authority to receive the money for the owners is admitted. The-master, who was one of the owners, also certified to the correct-, ness of the two vouchers of $2,000 each for payment for manning and victualing the vessel from January 15. In other respects the cases are generally alike.

The judgment of the court is that the petition in each case be dismissed.  