Title: Ebenezer Rockwood Hoar to A. E. Borie, 14 May 1869
Date: May 14, 1869
Source: Transcribed from digital images or a microfilm reproduction of the original item. For a description of the editorial rationale behind our treatment of the correspondence, see our statement of editorial policy.
Location: National Archives and Records Administration
Whitman Archive ID: nar.00929
Contributors to digital file: Elizabeth Lorang, Kevin McMullen, John Schwaninger, and Nima Najafi Kianfar
May 14, 1869.
Hon. A. E. Borie,
Secretary of the Navy.
I have the honor to acknowledge the receipt of your letter of to-day, with enclosures, submitting certain papers in the case of Stover and Cheever, ag't the United States, and requesting me to furnish the Navy Department with an opinion whether or not that Department should pay the moneys due on account of the Fullahoma and Maumee into the hands of the receiver appointed by the Supreme Court of the State of New York.
I have examined the papers enclosed with your letter, and find a copy of an order granted by Hon. Dan'l. P. Ingraham, Justice at a special term of the Sup. Court of the State of New York, held on the 26th day of June, in the year of our Lord 1868, in a case entitled "The New York Engine Works, vs. Henry D. Stover." There are also what purport to be a copy of a Bill in Equity dated December 12, 1865, addressed to the Supreme Court of the State of New York, in a case entitled "The New York Steam Engine Works, vs. The Stover Machine Company, Henry D. Stover, & Ainsworth Brown," not certified to be a true copy, and with no certificate attached that the same has been filed in Court—and a copy, properly certified, of an order by the Court, in the last-named case, that it be discontinued. It seems therefore, that the order of Mr. Justice Ingraham was granted in another suit than that commenced by the Bill, of which you enclose an uncertified copy.
I have read the opinion of Mr. Stanbery, late Attorney Gen'l. in this case, dated Feb. 19, 1868, and have examined what purports to be a copy of a contract for the construction of the Fullahoma. I find in the enclosure of your letter to-day no copy of the contract for the construction of the Maumee.
Before determining the right of the receiver appointed by the Court to receive from the Dep't. of the Navy, the moneys due under these contracts, it is necessary that I have certified copies of all papers and proceedings in Court, in the cause in which the receiver has been appointed. If, on obtaining such certified copies, it appears that the Stover Machine works, and Mr. Stover and Mr. Cheever are parties to the suit, that the Court has jurisdiction over the subject‑matter and the parties, and that the bill states a proper case for determining the question of the rights of either of these persons, or of the corporation, to the moneys due from the Navy Department, then it would seem that the order of Mr. Justice Ingraham, hereinbefore mentioned, is a sufficient authority to authorize the Navy Department to pay said moneys to the receiver named in the order.
It occurs to me that perhaps the above expression of opinion may be all that you desire—& the papers enclosed with your letter are accordingly returned herewith.
I have the honor to be, &c. &c.
E. R. Hoar,
Case of Claim of Stover & Cheever, ag't U. S.