Redfield v. Bartels
139 U.S. 694 (1891)

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U.S. Supreme Court

Redfield v. Bartels, 139 U.S. 694 (1891)

Redfield v. Bartels

No. 269

Argued March 30, 1891

Decided April 20, 1891

139 U.S. 694

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

On the 16th of November, 1863, plaintiffs brought suit to recover customs duties illegally exacted, laying the ad damnum at $1500. On the 8th of January, 1881, they amended their claim, increasing the ad damnum to $20,000. There was no interest count in the declaration, and it was doubtful whether interest was at first specially declared for in any way. No account was rendered or demand made prior to the commencement of the suit, nor was any bill of particulars furnished at that time. On the 11th of May, 1882, a bill of particulars was for the first time served. The court below gave judgment for $14,394.95, with interest from the date of the several payments. Held, on the facts set forth at length in the opinion, showing laches on the part of plaintiffs, that they were only entitled to judgment for $1,500 with interest from November 16, 1863, and $12,894,95, with interest from January 8, 1881.

Page 139 U. S. 695

MR. CHIEF JUSTICE FULLER delivered the opinion of the Court.

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