SHUEY, EXECUTOR,
v.
UNITED STATES

U.S. | 1875-10-01
92 U.S. 73 Supreme Court of the United States (1875) Positive Treatment
Also reported at: 23 L. Ed. 697 · 1875 U.S. LEXIS 1725 · SCDB 1875-173
Cited by 4 cases

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Synopsis

The executor of a man who provided information leading to the arrest of John H. Surratt sought a $25,000 reward that the War Department had offered for Surratt's apprehension, but the Supreme Court affirmed that only a "liberal reward" for information was owed because providing information that led to an arrest is distinct from actually making the arrest itself. The Court additionally held that even if the claimant were entitled to the apprehension reward, it had been validly revoked before any qualifying act was performed, as a published reward offer may be withdrawn through the same public means by which it was announced.


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Opinion of the Court
Mr. Justice Strong

Mr. Justice Strong delivered the opinion of the court.

We agree with the Court of Claims, that the service rendered by the plaintiff’s testator was, not the apprehension of John H. Surratt, for which the War Department had offered a reward of $25,000, but giving information that conduced to the arrest. These are quite distinct things, though one may have been a consequence of the other. The proclamation of the Secretary of War treated them as different; and, while a reward of $25,000 Avas offered for the apprehension, the offer for information was only a “liberal reward.” The findings of the Court of Claims also exhibit a clear distinction between making the arrest and giving the information that led to it. It is found as a fact, that the arrest was not made by the claimant, though the discovery and arrest were due entirely to the disclosures made by him. The plain meaning of this is, that Surratt’s apprehension was a consequence of the disclosures made. But the consequence of a man’s act are not his acts. Between the consequence and the disclosure that leads to it there may be, and in this case there were, intermediate agencies. Other persons than the claimant made the arrest, — persons who were not his agents, and who themselves were entitled to the proffered reward for his arrest, if any persons were. We think, therefore, that at most the claimant was entitled to the “ liberal reward ” promised for information conducing to the arrest; and that reward he has received.

But, if this were not so, the judgment given by the Court of Claims is correct.

The offer of a reward for the apprehension of Surratt was revoked on the twenty-fourth day of November, 1865; and notice of the revocation was published. It is not to be doubted that the offer was revocable at any time before it was accepted, and before any thing had been done in reliance upon it. There was no contract until its terms Avere complied with. Like any other offer of a contract, it might, therefore, be withdrawn before rights had accrued under it; and it was withdrawn through the same channel in Avhich it was made. The same notoriety was given to the revocation that Avas given to the offer; and the findings of fact do not shoAV that any information was given by the claimant, or that he did any thing to entitle him to the reward offered, until five months after the offer had been withdrawn. True, it is found that then, and at all times until the arrest was actually made, he was ignorant of the withdrawal; but that is an immaterial fact. The offer of the reward not having been made to him directly, but by means of a published proclamation, he should have known that it could be revoked in the manner in which it was made.

Judgment affirmed.


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Citator

Cited By

  • Jackson v. Inv. Corp. of Palm Beach, 585 So. 2d 949 (Fla. 4th DCA 1991)
    …applicable to offers of a reward, is also applicable to the type of advertisement involved in this case. The offer is a mere proposal or conditional promise which, if accepted before it is revoked, creates a binding contract. Shuey v. United States, 92 U.S. 73, 23 L.Ed. 697 (1876); 67 Am.Jur.2d, Rewards § 15. The evidence presented and the legal contentions asserted below created a question for the jury whereby they could have resolved the case had it not been for the preemptive instruction given relative…

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