United States v. Bostwick

• Decision Date: 01 October 1876
• Parties: UNITED STATES v. BOSTWICK
• Court: U.S. Supreme Court

94 U.S. 53

24 L.Ed. 65

UNITED STATES v. BOSTWICK.

October Term, 1876

APPEAL from the Court of Claims.

This was a suit by Thomas R. Lovett, trustee of Mrs. Louisa Fletcher, against the United States, to recover the rent of and for damages to certain real estate and premises situated in the District of Columbia, and known as Kalorama.

The Court of Claims found the following facts:——

Thomas R. Lovett, as trustee of Mrs. Louisa Fletcher, was, on the seventeenth day of August, 1861, seised in fee of said premises, containing about ninety-one acres, a dwelling-house with wings, measuring in all one hundred and fifty by forty feet, a large stable, and a frame building, with a garden, lawns, and walks, a fence all around the premises, and a substantial wall, about a quarter of a mile long, from Rock Creek to the lodge gate on Boundary Street, and trees of various kinds, and shrubbery.

In consequence of application made to him for the lease of the premises to the United States for a hospital, by General Mansfield, Lovett authorized the following writings, marked 1 and 2:——-

'No. 1.

'GENERAL,—Inclosed is a note of terms for the mansion and lower grounds of Kalorama.

'The upper grounds contain about seventy acres, which may be occupied by the quartermaster for horses and wagons, or whatever else may be desired, at the rent of $100 per month.

'Respectfully,

'CHARLES F. FLETCHER,

'For THOMAS R. LOVETT, Trustee.

'TO GENERAL MANSFIELD, B. G. &c.'

'No. 2.

'KALORAMA, Aug. 17, 1861.

'GENERAL MANSFIELD:

'SIR,—I offer to the government, for the purposes of a hospital, that part of the place known as Kalorama, comprising the house and porter's lodge, together with about thirty acres of land immediately surrounding and including both sides of Rock Creek, bordering the same, upon the following terms:——

'The lease to be for the term of three years, with the privilege to the government to renew the same for three years longer, at the same rent, $450 per month.

'There will be left in the building a portable furnace and hall-stove, for the use of the government. It will be stipulated that the trees and shrubbery on the grounds shall be strictly protected, and any unnecessary injury to the same to be compensated for by the government; the buildings to be kept in repair by the government, and to be left in as good repair as ordinary wear and tear will permit. The grounds having already been occupied by troops, and the fence thereby destroyed, it is expected that the government will renew them, and leave them in good repair at the expiration of the term.

Very respectfully, yours, &c.,

'CHARLES F. FLETCHER,

'For THOMAS R. LOVETT, Trustee.'

Thereafter General Mansfield issued and sent to Lovett the following:——

'HEAD-QUARTERS, DEPARTMENT OF WASHINGTON,

'WASHINGTON, Aug. 17, 1861.

'As soon as vacated, within two weeks the United States will hire the whole property of Thomas R. Lovett, trustee of Mr. Charles F. Fletcher, &c., above, on the following terms, inclusive of his upper lot, and all his land and privileges, for $500 per month, for the period of one year, with the privilege of keeping it at least three years, if desirable for all purposes.

'MANSFIELD, B. C., &c.'

Under the agreement above made the United States entered upon and occupied the said premises specified in General Mansfield's order, from Aug. 23, 1861, to Sept. 30, 1867, inclusive.

For rent of said premises the United States paid to the said Lovett $500 per month, from Aug. 23, 1861, to June 30, 1862; and for each monthly payment the petitioner signed a receipt, the form of which was as follows:——

'The United States to Thomas R. Lovett, Trustee, Dr.

'1862. For rent of Kalorama, occupied as hospital, from

June 1 to June 30, 1862, at $500 per month $500.00

'I certify that the above account is correct and just, that the services were rendered as stated, and that they were necessary for the public service.

E. E. CAMP, Captain, A. Q. M.

'Received at Washington, D. C., the 15th of July, 1862, of Captain E. E. Camp, Assistant Quartermaster United States Army, the sum of five hundred dollars and _____ cents, in full of the above account.

THOMAS R. LOVETT, Trustee.'

For rent of said premises the United States paid to Lovett $250 per month, from July 1, 1862, to Feb. 1, 1865; and for each monthly payment he signed a receipt, in the following form:——

'The United States to Thomas R. Lovett, Trustee, Dr.

'1862. For rent of Kalorama, occupied as a hospital and camp-grounds from July 1 to Sept. 30, 1862, at $250 per month $750.00

'I certify that the above account is correct and just, that the services were rendered as stated, and that they were necessary for the public service.

E. E. CAMP, Captain, A. Q. M..

E. E. CAMP, Captain, A. Q. M. D. C., the 9th of October, 1862, of Captain E. E. Camp, Assistant Quartermaster United States Army the sum of seven hundred and fifty dollars _____ cents, in full of the above account.

THOMAS R. LOVETT, Trustee.'

From the 1st of February, 1865, to Sept. 30, 1867, inclusive, the United States paid for rent of said premises $200 per month; and for each payment received a receipt, in the form annexed.

'The United States to Thomas R. Lovett, Trustee, Dr.

'1867.

'Sept. 30. For rent of Kalorama, as hospital and camp-ground, from Sept. 1, 1867, to Sept. 30, 1867, one month $200.00

'I certify that the above account is correct and just, that the services were rendered as stated, and that they were necessary for the public service.

A. P. BLUNT,

'Brevet-Colonel & A. Q. M., U. S. A.

'Received at Washington, D. C., the 30th of September, 1867, of Brevet-Colonel A. P. Blunt, Assistant Quartermaster United States Army, the sum of two hundred dollars and _____ cents, in full of the above account.

THOMAS R. LOVETT, Trustee.'

While the United States occupied the premises from Aug. 23, 1861, to Sept. 30, 1867, the main house was burned; the flower-garden and shrubbery were destroyed; three and one-half miles of fence torn down; a brick wall fifty feet long, nine feet high, and fourteen inches thick torn down, and the bricks used, partly for pavement and partly for building a lime-house, where the United States put clothes for purifying them. Some sheds were torn down. The part of the house not burned, about fifty feet long, was greatly damaged, and the glass, with the sashes, was carried away. Ornamental and shade trees of various kinds were cut down; a stone wall was taken down, and most of it carried away; and stone quarried and gravel dug from a quarry and a gravel-pit on the premises, and carried away. The premises were left in a dilapidated condition, and the house unfit for occupancy. To restore the building and premises to their condition when leased, reasonable wear and tear excepted, would have cost $20,000.

The stone quarried and carried away by the United States amounted to 2,327 perches, and was worth 25 cents per perch $581.75

The gravel dug and carried away by the United States amounted to 2,347 yards, and was worth 21 7/10 cents per yard 509.20

The stone wall taken down and carried away amounted to 505 perches, and was worth $3.50 per perch 1,767.00

The extent and valuation of the damage to the part of the dwelling-house not burned, or to other buildings, the number or the value of the trees cut down, the value of the brick wall or fence destroyed, and the disposition of a fire-proof safe, boiler, stove, and heater, were not shown.

Two regiments were, previous to said written contract, encamped by the United States on the northern part of said premises; and thereon and during such occupation, previous to said contract, about fifteen hundred trees were cut down and a portion of the fencing destroyed by the soldiers of said regiments.

All the injuries to said premises during the occupation thereof, or of any part thereof, either previous to or during said written contract, were done by the military forces of the United States engaged in supressing the rebellion, who were encamped on the premises previous to said written contract, or who occupied them under said contract.

The dwelling-house was used by the United States for a small-pox hospital, and the ground as a camping-ground for soldiers. Seven or eight soldiers who died were buried on the place; and since it was vacated by the United States, Sept. 30, 1867, it has not been rented.

At the time the dwelling-house was burned it was insured by the AEtna Insurance Company and the Firemen's Insurance Company, on two policies of $5,000 each. Those companies adopted as their highest rate of insurance on buildings three-fourths of their cash value. The amount of the insurance, $10,000, was paid to the petitioner for a total loss.

On the 21st of December, 1868, Lovett presented for payment to the United States the following account or bill:——- The United States to Thomas R. Lovett, Trustee, Dr.

1867.

Oct. 1. To rent of Kalorama, from Aug. 23, 1861, to

A ¹.A ². Oct. 1, 1867, 73 months, 8 days, at $500 $36,645.16

By cash on account 19,295.16

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Balance 17,350.00

Vo. 1. Damage to out-buildings 3,300.00

2. Do. stable 200.00

1 & 2. Do. lodge 200.00

B. C. D. Value of stone taken from the quarry,

6,659 pr., at 25 cents 1,664.75

B. C. D. Value of gravel taken from the pit,

2,347 yards, at 30 704.10

2. 4. Trees destroyed 800.00

B. D. Stone wall taken, 505 perches, at $5 2,525.00

2 5 & 4 1,000 panels of fence 1,000.00

Fire-proof safe $60

Boiler 30

Stove 33

Heater 95

----

218.00

---------

$27,861.85

E. & O. E.

JOHN D. McPHERSON, Attorney, &c.

DEC. 9, 1868.

On Feb. 8, 1870, the following notice was sent to Lovett:——

'WAR DEPARTMENT,

'QUARTERMASTER-GENERAL'S OFFICE,

'WASHINGTON, D. C., Feb. 8, 1870.

'THOMAS R. LOVETT, Esq., Washington, D. C.:

'SIR: You are respectfully informed that your claim as trustee, &c., of the premises known as 'Kalorama,' in this District, has this day been referred to the third...