The Alsop Claim. the Counter Case of the United States of America for And in Behalf of the Original American Claimants in This Case, Their Heirs, Assigns, Representatives, And Devisees Versus the Republic of Chile Before His Majesty George V ... Under the
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"Let us bear in mind some of the circumstances of that case. Moses presented for payment the account of what was due to him under his contracts. It was then that he claimed that the Mexican Government should fulfill- its obligations arising out of the contract. The Mexican Government acknowledged those obligations and in pursuance of this acknowledgment it promised Moses to pay him through the custom-houses of Mier and Mata- moros. The creditor accepted the promise, more or less willingly, on a...ccount of the difficulties which might have resulted in case of his refusal, and from that time the circum- stance of the obliged party, being an authority or public power, commenced to be an element of importance in the case. But yet, inasmuch as the law says 'voluntas quamvis coacta voluntas est,' so it could properly be said that the condition of the pay- ment made by the custom-houses of Matamoros and Mier was the result of a voluntary compact. But let us see the subsequent action of the Mexican Government.
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