Peugh v. Porter

• Decision Date: 05 January 1885
• Parties: PEUGH v. PORTER and others
• Court: U.S. Supreme Court

112 U.S. 737

5 S.Ct. 361

28 L.Ed. 859

PEUGH v. PORTER and others.

January 5, 1885.

S. Shellabarger and J. M. Wilson, for appellant.

S. V. White, for appellees.

MATTHEWS, J.

Several awards were made by the Mexican claims commission under the treaty between the United States and Mexico of July 4, 1868, in favor of claimants, representatives respectively of three American citizens, Parsons, Conrow, and Standish, which amounted in the aggregate to $143,812.32. Of this one-half was paid to the claimants and the other half remained with their consent under the control of the secretary of state, to be paid to the agents and counsel of the claimants according to their respective rights and interests. Several bills in equity to determine these interests were filed in the supreme court of the District of Columbia, to one of which Peugh, the appellant, was made a defendant, and appearing therein also filed a cross-bill on his own behalf. On final hearing all the bills and cross-bills were dismissed, Peugh alone appealing. The adverse interest in the litigation is represented by White, who claims as a purchaser of the whole fund. The object of the bill of Peugh was to obtain a declaration of the fact and extent of his interest in the fund, and to enjoin the defendant White from demanding and receiving more than what should remain after satisfaction of the appellant's claim. The secretary of state was made a party defendant, but did not appear, and no relief is asked against him. The jurisdiction of the court is invoked for the single purpose of determining the relative equities of the parties in the fund, and giving effect to them by an appropriate decree.

The history of the case, so far as material to the determination of the controversy, we gather from a volume of testimony, not without conflict, and find to be as follows:

The three claimants severally employed Richard H. Musser, of St. Louis, to prosecute their claims, and, agreeing that he should pay all expenses and receive half the net proceeds of the claims after deducting the expenses of their prosecution, executed and delivered to him full powers of attorney, with power of substitution. Knowledge of the existence of these claims had been first communicated to Musser by Richard H. Porter, and the agreement between them was that each should have an equal interest in the prosecution and proceeds of the claims in case of recovery. Accordingly, Porter entered into an agreement with the appellant, Peugh, and C. E. Rittenhouse, a copy of which is as follows:

'Memorandum of agreement, made by and between Richard H. Porter, of St. Louis, Mo., and Charles E. Rittenhouse and Samuel A. Peugh, of this city of Washington, District of Columbia.

'Whereas, said Richard H. Porter, acting as attorney for Richard H. Musser by authority of substitution from said Musser, who, acting in behalf as attorney in fact for Mildred Standish, widow of Austin M. Standish; Mrs. _____ Conrow, widow of Aaron H. Conrow, and _____ Parsons, father of Monroe M. Parsons, and guardian of the son, Monroe M. Parsons, above named, all of the state of Missouri; and whereas, said Porter is desirous of the aid of said Rittenhouse and Peugh in a certain advance of money to the said Porter, to enable him to procure the testimony to sustain the claims these other certain-named parties have against the government of Mexico for robbery and destruction of the lives of those whom they represent under the treaty made between the United States and the republic of Mexico on the fourth day of July, 1868, and also the prosecution of said claim before a commission appointed by and between the two said republics, and now in session in the city of Washington, D. C.; and whereas, said Porter being, in his agreement with the said parties claiming against Mexico as aforesaid, entitled to one-half of any amount to which he may establish claim before said commission, he hereby agrees to, and does hereby, transfer and assign, in consideration of the premises, unto the said Rittenhouse and Peugh one-half of the amount he is entitled to receive under and by virtue of his authority in the premises; the said last-named parties to be at the expense of prosecuting the said claims before the commission herein named, but the testimony to be produced to them by the said parties.

'In testimony whereof, we, and each of us, have hereunto set our hands and seals this sixteenth day of February, 1870.

[Signed]

'R. H. PORTER. [Seal.]

'S. A. PEUGH. [Seal.]

'C. E. RITTENHOUSE. [Seal.]'

At the date of the execution of this...