United States v. Hickey

1. When the Court of Claims, on a claim embracing several items, rejects " some but allows others, against which allowance the United States alone appeals, this court will not give consideration to the items rejected and against whose rejection the claimant has not appealed, except so far as may be necessdry for a proper understanding of the item allowed. ’ 2. Where a lessee, after letting to another, reserving a rent, has assigned all his “ right, title, and interest” in the lease, and “authorized the . assignee to sue for, collect, and recover the lease, and the’rights to tbe . rent reserved under the same,” declaring “it to be distinctly understood ” that it is the object and purpose to put the assignee in his “ place and stead, so far as concerns his rights under the lease” — the lessee, on a claim against him by the sub-tenant, cannot set up a claim for arrears of rent due to him at the time when he assigned the lease. . The transfer has carried them to the assignee.

Appeal from the Court of Claims; the ease being thus : In July, 1851, the Secretary of the Treasury, on behalf of the United States, agreed with one Eldredge, to lease from him certain warehouses in the city of San Francisco for the term of ten years. The rent for the first two years was fixed at $6000 per month, and it was agreed that at the expiration of every two years thereafter the secretary should have the privilege of having the -rent-fixed for the ensuing two years by a commission, of which the secretary should appoint' one member, Eldredge another, and that the two thus selected should choose a third. In February, 1856, the United States dSsiriug to “get clear of this lease,” the collector of the port of San Francisco, by authority of the Secretary of the Treasury, entered into an agreement with one Hickey, by which the United States leased to him the warehouses mentioned, daring the term of the lease first mentioned. Hickey agreed to pay $500 per month until the 1st of May following (that is to say, till the 1st of May, 1856, at which time an appraisement was to be made as by the terms of the original lease), and to .pay thereafter to the United States the sum which should, be awarded to Eldredge for the two years ensuing, and after that time to pay such sum as should be awarded from time to time for the terms of two years thereafter ensuing : “ Provided, nevertheless, that the sum of $250 per calendar month is hereby saved and reserved to the said Hickey during the term of the aforesaid lease, as a bonus to him, ... to be paid at the expiration of each month, . . . monthly until the completion of the same.” Under this agreement Hickey paid rent as agreed until May, 1856. He then appointed one person to appraise the future rent. The secretary appointed anothei’. They failed to agree, and failed to appoint an umpire; and the Secretary of the Treasury, although receiving notice of such failure, took no further steps in the matter. On the 13th of April, 1857, difficulties and disputes having arisen between the government and Eldredge concerning the amount of rents lawfully demandable by Eldredge from the government, the secretary, without the knowledge of Hickey, entered into an agreement with Eldredge by which the United States transferred and assigned to him “all their right and title and interest in and1 to the said lease, and authorized him to sue for, collect, and recover the Hickey lease, and the rights to the rent reserved under the same,” and agreed to pay him $110,000 in satisfaction of all'future claims for rent under the original lease; this conveyance adding to its terms of assignment and transfer these words: “It being distinctly understood that it is the object and purpose of this agreement to put the said Eldredge in the place and stead of the United States, so far as concerns the rights of the United States under the lease aforesaid.” In August of the same year Eldredge took proceedings in the courts of California against Hickey for non-payment of rent on the lease, and in November dispossessed him of the premises. In this state of thiugs Ilickej' filed a petition in the Court of Claims, in which he alleged that the United States were indebted to him upou three items : 1. His bonus of $250 per calendar month, reserved, and extending, as. he alleged, through a term of six years, $18,000. ", 2. Eor damages in the breaking up of his business by the eviction, against which he asserted his right to be indemnified by the United States, $28,000. 3. Eor storage of goods belonging to the United States during the years 1856 and 1857, the sum of $1370. The claim was for storage while Hickey was in possession of the warehouses as above mentioned. Against this last claim (which was not denied) the United States set up a counter-claim of $9000 for rent alleged to be due by Hickey, from May, 1856, to November, 1857 (when Hickey was evicted), on the lease made by them to him. No evidence was given of the monthly value of the premises. The Court of Claims rejected Hickey’s first and second claims; that is to say, his claims of bonus, and for damages, but allowed his claim for storage; disallowing the counter•claim or set-off presented by the United States. The United States alone appealed.