Said products
were to be sold in New York or Baltimore under Risley's direction, and
one-fourth of the proceeds, after deducting certain expenses, costs, and
charges, were to be retained for the United States and three-fourths
paid to Maddox and his associates. It was expressly provided in said
contract as follows:
Nothing in this contract contained shall be construed as incurring
any liability on behalf of the United States.
It appears that Maddox, very soon after the contract was made, acquired
all the interest of his associates therein.
The President of the United States signed an order or permit for the
transportation of the goods, in fulfillment of the contract, and for the
passage of the parties selling such goods through the Federal military
lines, the permit declaring, however, that such transportation and
passage should be "with strict compliance with the regulations of the
Secretary of the Treasury, and for the fulfillment of said contract with
the agent of the Government."
Maddox and his associates were not at the time the contract was entered
into the owners of any of the property they agreed to sell and deliver;
but it is alleged that Maddox, as one of the parties to the contract and
as assignee of his co-contractors, purchased 4,042 boxes of tobacco,
worth at that time more than $735,000, for the purpose of fulfilling
this contract.
The tobacco was purchased by him within the rebel lines in the State of
Virginia.
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