Baxter v. United States

14593
Decided Court of Claims
Disposition
Decided
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Court
Court of Claims
Decided
Judge
Peelle, J.
Posture
Claimant filed suit for commutation of navy rations; United States filed a counterclaim for recovery of excess mileage payments.
Claimant (1)
James W. Baxter
Mr. John Paul Jones
v.
Defendant (1)
The United States
Mr. Charles C. Binney, Mr. Assistant Attorney-General Bodge

Overview

Judgment entered in favor of the defendants against the claimant for $146.18.

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

Posture at trial
Claimant filed suit for commutation of navy rations; United States filed a counterclaim for recovery of excess mileage payments.
Posture on appeal
Original action in the Court of Claims.

Legal categories

Criminal

Case record

Full case name
James W. Baxter v. The United States
Docket number
14593
Court
Court of Claims
Decided
Opinion author
Peelle, J.
Opinion type
published
Precedential status
precedential
Judges on panel
Peelle

Issues & holdings

3
Issues raised
2
affirmed
1
reversed
3
Holdings
Standard of review

De novo

Disposition rationale

Based on precedent in United States v. Fuller, mates are petty officers entitled to rations.

Standard of review

De novo

Disposition rationale

Mates are not officers appointed by the President or head of a department, thus not entitled to mileage.

Standard of review

De novo

Disposition rationale

The government is not bound by unauthorized payments made by its agents and may recover them.

Holdings of the court

Entitlement to rations
Mates are petty officers and are entitled to rations or commutation.
Following United States v. Fuller, mates are petty officers.
non-binding
Entitlement to mileage
Mates are not officers of the United States and are not entitled to mileage.
Under the Constitution and United States v. Mouat, officers must be appointed by the President, courts of law, or heads of departments.
non-binding
Recovery of overpayment
The United States may recover payments made in violation of law.
Public policy dictates that the government is not bound by unauthorized acts of its agents.
non-binding

Timeline

No timeline recorded.

Facts & evidence

Key facts

5 facts
  1. Claimant served as a mate in the Navy on the receiving ship Wyandotte.
  2. Claimant was denied ration commutation during his service.
  3. Claimant received mileage payments in 1879 and 1880 totaling $297.36.
  4. Claimant's actual travel expenses were $100.48.
  5. The United States sought to recover the $196.88 overpayment via counterclaim.

Authorities

Cited authorities (3)

160 U.S. 593
followedprecedent
Mates are petty officers entitled to rations.
124 U.S. 303
followedprecedent
Definition of officers of the United States.
164 U.S. 190
followedprecedent
Government recovery of unauthorized payments.
Index terms13
Summary terms
Legal concepts
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Parties
Judges
Peelle
Courts
Other recorded fields

Legal actions

Action type
other
Context
The court ordered judgment for the defendants on their counterclaim after offsetting the amount due to the claimant for rations.
Scope
full