Wilson ex rel. Van Buren v. United States

16090
Decided Court of Claims
Disposition
affirmed
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Court
Court of Claims
Decided
Judge
Davis, J.
Posture
Claim for recovery of consular fees paid into the Treasury
Plaintiffs (2)
Edgar M. Wilson, Administrator of Van Buren
Mr. John S. Mosby
v.
Defendant (1)
The United States
Mr. Felix Brannigan, Mr. Assistant Attorney-General Dodge

Overview

Former judgment affirmed.

Case summary

The administrator of the estate of Thomas B. Van Buren, former US Consul-General at Yokohama, sought to recover fees collected for certifying transit invoices for goods passing through the US. The government had treated these as official fees and required them to be paid into the Treasury. The Court of Claims held that because the certification of transit invoices was not required by law, the act was unofficial, and the fees were the personal property of the consul. The court further held that the character of the fee was fixed at the time of the transaction and could not be altered by the fact that some goods were later stopped and entered for consumption in the US.

Abstract

The estate administrator sought recovery of fees collected by a former consul-general for certifying transit invoices, which the government had treated as official fees payable to the Treasury. The Court of Claims held the certification was not required by law, making the fees unofficial and the personal property of the consul, with their character fixed at the time of the transaction regardless of later events involving the goods. The former judgment was affirmed.

Procedural posture

Posture at trial
Claim for recovery of consular fees paid into the Treasury
Posture on appeal
On the proofs before the Court of Claims

Legal categories

Business

Case record

Full case name
Edgar M. Wilson, Administrator of Van Buren v. The United States
Docket number
16090
Court
Court of Claims
Decided
Opinion author
Davis, J.
Opinion type
published
Precedential status
precedential
Judges on panel
Davis

Issues & holdings

1
Issues raised
1
affirmed
1
Holdings
Standard of review

de novo

Disposition rationale

The transaction is complete when the certificate is issued; subsequent changes in the shipper's plans do not retroactively change the nature of the consular act.

Holdings of the court

Character of consular fees for transit invoices
Certification of transit invoices is an unofficial act, and the fees collected are the personal emolument of the consular officer.
The law does not require consuls to issue transit certificates; therefore, the service is unofficial and the fee belongs to the officer, regardless of whether the goods ultimately remain in the US.
binding precedent

Timeline

No timeline recorded.

Facts & evidence

Key facts

5 facts
  1. Thomas B. Van Buren served as US Consul-General at Yokohama, Japan, from 1874 to 1885.
  2. During his tenure, fees were collected for certifying 'transit invoices' for goods passing through the US to foreign countries.
  3. These fees were paid into the US Treasury as official fees.
  4. Some goods intended for transit were stopped and entered for consumption in the US.
  5. The court found no evidence of fraud, collusion, or bad faith in the transactions.

Authorities

Cited authorities (1)

United States v. Mosby, 133 U.S. 273
followedquotedprecedent
Established that fees for transit invoices are unofficial and belong to the consul.
Index terms25
Summary terms
Legal mechanisms
Various actors
Legal concepts
Legal issues
Legal actions
Action type
affirmed
Target
former judgment
Context
The court affirmed the previous judgment allowing the recovery of fees, consistent with the precedent in Mosby.
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Judges
Davis
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