Hunt v. United States (116 U.S. 394)

George P. Hunt, the appellant, a chief engineer in the navy, brought this suit in the court of claims to recover a balance of pay due him, as he alleged, from the United States. The facts were as follows: On October 25, 1868, the appellant was a first assistant engineer in the United States navy, and had served in that grade two years at sea on board a naval steamer. At the date mentioned there was no vacancy in the grade of chief engineer to which the appellant could be promoted, nor did any such vacancy occur until July 4, 1880. On October 11, 1880, he was ordered to report for examination for promotion to the grade of chief engineer, and, upon examination, was found qualified, and on December 29, 1880, was promoted to the grade of chief engineer, and received the pay of that grade from July 4, 1880. From October 25, 1868, to July 4, 1880, the appellant received the pay and emoluments of a first assistant engineer only. He claimed that for the period between the two dates just named he was entitled to the pay of chief engineer, and brought his suit to recover for that period the difference between the pay and emoluments of a first assistant engineer and of a chief engineer. The court of claims dismissed his petition, and he appealed.

C. F. Benjamin, for appellant.

''Sol. Gen. Goode'', for appellee.

WOODS, J.