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ANDREAE V. REDFIELD, 98 U. S. 225 (1878)

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Andreae v. Redfield, 98 U.S. 225 (1878)

Andreae v. Redfield

98 U.S. 225


Importations were made by A. and others, whereon they paid under protest certain duties unlawfully exacted by B., collector of customs. The latter, when sued for the excess of duties, pleaded the statute of limitations, whereupon A. filed his bill, setting forth that his attorney was informed by an officer of the custom house, that by the rules and practice of the Treasury Department the presentation of A.'s claim to the auditor or refund clerk would prevent the statute of limitations from running, and that the statute, if the claims were so presented, could not and would not be interposed as a defense in case suits should be brought to recover said excess; that B., though he disclaimed any control in the matter, declared his confidence in the knowledge and experience of the officer who made such statement, and expressed his opinion as concurring therein, that A. did present his claim to the auditor or refund clerk, as suggested, and that, relying upon the prior action of the Secretary of the Treasury in recognizing claims of a like nature, and upon said statements and opinion of the officer of the custom house, and the concurrence of B. therein, he and others had refrained from suing until the bar of that statute had attached. He therefore prayed that B. be enjoined from pleading it in any of the actions at law for such excess. Held that the matters alleged are not sufficient to estop B. from pleading the statute.

The facts are stated in the opinion of the Court.

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