Overview
Case summary
James W. Baxter, a mate in the Navy, sued the United States for unpaid ration commutation. The United States counterclaimed for the recovery of excess mileage payments made to Baxter in 1879 and 1880. The court held that while Baxter was entitled to ration commutation as a petty officer, he was not an 'officer' within the meaning of the mileage statutes. Consequently, the government was entitled to recover the excess mileage payments made under a mistake of law.
Abstract
A Navy petty officer sued the government for unpaid ration commutation and prevailed on that claim as entitled under his status, but the government counterclaimed successfully for recovery of excess mileage payments erroneously made to him as if he were an officer. The court determined he did not qualify as an 'officer' under the mileage statutes, allowing recovery of the overpayments due to a mistake of law. Judgment was entered for the government on the counterclaim for the specified amount.
Procedural posture
Legal categories
Case record
Issues & holdings
De novo
Based on precedent in United States v. Fuller, mates are petty officers entitled to rations.
De novo
Mates are not officers appointed by the President or head of a department, thus not entitled to mileage.
De novo
The government is not bound by unauthorized payments made by its agents and may recover them.
Holdings of the court
Timeline
No timeline recorded.
Facts & evidence
Key facts
5 facts- Claimant served as a mate in the Navy on the receiving ship Wyandotte.
- Claimant was denied ration commutation during his service.
- Claimant received mileage payments in 1879 and 1880 totaling $297.36.
- Claimant's actual travel expenses were $100.48.
- The United States sought to recover the $196.88 overpayment via counterclaim.