Redfield v. Bartels

• Citation: 35 L.Ed. 310,11 S.Ct. 683,139 U.S. 694
• Parties: REDFIELD et al. v. BARTELS et al
• Decision Date: 20 April 1891
• Court: United States Supreme Court

139 U.S. 694

11 S.Ct. 683

35 L.Ed. 310

REDFIELD et al. v. BARTELS et al.

April 20, 1891.

Asst. Atty. Gen. Maury, for plaintiffs in error.

S. F. Phillips and Frederic D. McKenney, for defendants in error.

FULLER, C. J.

This suit was brought by George F. W. Bartels and others in the New York supreme court, November 12, 1863, against Redfield, then late collector of the port of New York, to recover back the sum of $1,500, duties at the rate of 40 per cent., under Schedule B of the act of July 30, 1846, (9 St. 42,) that had been unlawfully assessed on charged for inland transportation on a larg nu mber of importations of champagne wine invoiced from Rheims, and exported from the port of Havre, and on one-half of 1 per centum excess of commissions on the said importations. Service was made November 16, 1863, and notice of appearance given, and bill of particulars and copy of complaint demanded by defendant, and the suit removed to the circuit court of the United States for the southern district of New York by certiorari on February 20, 1864. The declaration was filed March 30, 1864, and consisted of the common counts, alleging an indebtedness in the sum of $1,500, for money lent and advanced; paid, laid out, and expended; had and received; and due upon an account stated; and the ad damnum was placed at $1,500. On April 20, 1864, the defendants filed a plea of the general issue, and on the next day, April 21st, a jury was called and sworn in this and some other cases, and a verdict rendered in these terms: 'By consent of counsel, the jury find a verdict for the plaintiffs in the above-entitled action for excess of duty, with interest thereon, illegally exacted from plaintiffs and paid under protest to defendant, and not barred by the statute of limitations, on commissions over one and one-half per centum on merchandise imported by the plaintiffs at New York from Great britain; on commissions over two per centum on merchandise imported by plaintiffs at New York from the continent of Europe, (except Paris;) on the discount of two and one-half per centum disallowed on linens imported at New York from Ireland; on charges on merchandise imported at New York from Ireland; on charges on merchandise imported at New York for the transportation of the goods from the interior of the country by railroad or water carriage incurred prior to the time of exportation; on coastwise and transportation charges from Ireland and Scotland to England on merchandise imported at New York from Ireland and Scotland via England; and on additions to make market value of said merchandise at London and Liverpool; on transportation charges from the continent of Europe to Great Britain, on merchandise imported at New York from the continent of Europe via Great Britain; on merchandise imported by the plaintiffs at New York, and invoiced in Bremen thalers, by the Bremen thalers having been computed in assessing duties at a higher rate than seventy-one cents, the rate at which it should by law have been computed; the amount of excess of duties exacted from the plaintiffs, and paid by the defendant, and embraced in the plaintiffs' bill of particulars, to be adjusted by the clerk of the court or his deputy. It is expressly stipulated that in case it shall appear on the adjustment or otherwise, in any case, that the suit was not brought within the time prescribed by statute of limitations, or that the question of timeliness of protest, or the question of a sufficiency of a continuous or prospective protest, shall be involved, the verdict shall be opened, and opportunity to appeal be given to, and at the option of, the district attorney. A certificate of probable cause to be entered in each case. The right to appeal or writ of error as above not to be reserved to the district attorney, unless the amount involved be sufficiently large to allow such writ of error.' March 16, 1865, it was ordered 'that all the orders heretofore made by this court, referring certain suits against the collector of the port of New York to the clerk of this court for adjustment, be, and the same are hereby, revoked, except as to such cases the adjustment of which has actually commenced before him.' July 1, 1865, this and other suits were referred by Judge NELSON to the collector of the port for adjustment. November 20, 1874, an order was entered 'that the referee therein, in adjusting any of the above causes, shall not exclude from his report any item or items for the reason that said item or items were paid more than six years before the commencement of suit, unless it shall appear that the statuteof limitations was duly pleaded by the defendant in each case, and the referee is instructed to include such items in his reports and statements, unless the statute has been pleaded.' Mr. Redfield having died July 22, 1877, and letters testamentary having issued to Constance C. Redfield and Frank B. Redfield, the latter, as executrix and executor, were substituted, May 22, 1880, as defendants. On the 8th of January, 1881, against the opposition of the government, plaintiffs were given leave to amend the summons and declaration by increasing the damages therein set forth to $20,000, and interest from the dates of payment, and an amendment thus increasing the indebtedness claimed, and the amount named in the ad damnum, with interest, was made accordingly on the face of the original papers. On the 11th of May, 1882, plaintiffs served a bill of particulars, notifying the defendants that the plaintiffs' claim 'is for excess of duty paid on charges and commissions on all importations made into New York on which duties were paid to the defendants between November 1, 1853, and July 1, 1857,' and giving a list of the importations. June 30, 1882, the case, with others, was referred to the clerk of the court for adjustment, according to the verdict, of the plaintiffs' claim, upon the bill of particulars as served. On the 19th of September, 1882, a rule to show cause why the defendants should not be allowed to set up as additional defenses the pendency of another suit for the same cause or causes of action, res adjudicata, and payment, was entered, but was vacated on the 20th of October. December 15, 1882, the referee made his report, to which defendants filed exceptions, which were heard March 28, 1883, and on the 4th of April, 1883, sustained. The opinion of the circuit judge will be found in 16 Fed. Rep. 336. A rehearing was granted and had March 4, 1884; the report was recommitted on the 16th of May, 1884; and an additional report was filed June 1, 1885, finding that the amount due plaintiffs was $14,394.95 principal, and $29,988.55 interest, to the date of the report. This report was confirmed April 19, 1886, and interest directed to be computed from the date of the report to the date of entry of judgment. Judgment was signed October 3, 1887, for $51,302.48. A bill of exceptions was taken, and the case brought here on writ of error. The order of May 16, 1884, recommitting the report, directed, among other things, 'that the referee receive such evidence as the parties may present respecting the existence of laches which may affect the right of plaintiffs to recover interest under the decision of the supreme court in the case of 'Redfield v. Iron Co. " The referee transmitted the evidence taken before him bearing upon that question, and reported that he failed to see any good and substantial grounds for a finding of laches on the part of plaintiffs, which ought to deprive them of interest, and he...