Clark v. United States

95 U.S. 539 (1877)

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Nature of the Case

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Facts

In September 1865, at Brownsville, Texas, P and Major O. O. Potter, an officer in the Quartermaster's Department, entered into an oral agreement, with the approval of General Steele, commanding the western division of Texas. The agreement was that the Quartermaster's Department should pay P $150 a day for the use of the steamer 'Belle;' but no specific contract was made, or to be made, as to time, until she had made a trial-trip from Brownsville to Ringgold Barracks and return, to prove her ability to perform the service for which the Quartermaster's Department needed a steamer; and, if she made a satisfactory trial trip, the parties were then to enter into a formal written contract for her future use at the same price per day. It was also at the same time agreed orally that the Quartermaster's Department was to run the steamer on her trial trip at the expense of the government, and that if she were lost on her trial trip the government should pay for her whatever three disinterested men should estimate her value to be. The quartermaster then put his captain and crew on the vessel and sent her to Ringgold Barracks. She was wrecked and proved a total loss. Three disinterested persons found the vessel to be of the value of $60,000. The steamer was in the service of the government before her loss for eight days. D has not paid for the value of the vessel nor for her service. The steamer 'Belle' was previously owned by and in the military possession of, the Confederate government. P acquired his title to her about the year 1863, taking her in part payment of a claim he held for supplies furnished by him to the Confederate Quartermaster's Department. At the time she was chartered by Major Potter, as set forth in the first finding, she was in P's possession as alleged owner, and she was also in Mexican waters, beyond the jurisdiction of the United States. P sued D and the case was dismissed. P appealed.