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Court of Appeals for the First Circuit

The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:

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Capuano v. United States, 1886 (1925)

, Capuano was convicted of giving money as bribes to prohibition agents described in the indictment as acting in behalf of the United States in an official function * * * as agents for the Commissioner of Internal Revenue. Sears v. United States (C. C. A.) 264 F. 257, 260, and cases cited.

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Eastern Drug Co. v. Bieringer-Hanauer Co., 1868 (1925)

8 F.2d 838 (1925), EASTERN DRUG CO., v., BIERINGER-HANAUER CO. et al. Whether or not transfers made by an alleged bankrupt within four months of filing the petition against him constitute an act of bankruptcy must be determined from all the facts and circumstances shown by the evidence in the case.

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Linen Thread Co. v. Shaw, 1852, 1853 (1925)

, Upon the cross-libel of the owner of the schooner against the Linen Thread Company, the court, after it had referred the libel to an assessor to state damages, decreed that Mills should recover $1, 200 and costs against the Linen Thread Company, which has appealed from both decrees. C. A. 12;

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Baker v. Bates-Street Shirt Co., 1840 (1925)

C. A. 78. [Mass.] 188) and the question is: Can Sweetland or Laura E. Baker who are not shown to have acted in the creation of these accounts, be held as partners with Harold H. Baker, who did act in creating them There was no principal to appoint an agent. 218, 29 P. 546, 17 L. R. A. 549, 29 Am.

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Murphy v. United States, 1831 (1925)

, JOHNSON, Circuit Judge., Under the Massachusetts practice, an examination of jurors upon their voir dire may be made under the direction of the court, and here, as elsewhere, the court, in the exercise of a sound judicial discretion, may determine the extent and character of such examination.

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Milliken-Tomlinson Co. v. American Sugar Refining Co., 1825 (1925)

Lalone v. U. S., 164 U.S. 255, 17 S. Ct. 398, 59 L. Ed. 520, Ann. It is clear, also, that after the decline in the price of sugar the defendant made known to the plaintiff its desire to spread delivery over a longer period than the contracts called for and to buy other sugars at the market price.

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Redmond v. United States, 1819 (1925)

These books were the customers' stock ledger and in and out books, showing the purchase of stocks and their transfer., The Cassidy account book, which was admitted in evidence over the defendant's objection, which is assigned as error, was a book showing transactions with a broker by that name.

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Payton v. Ideal Jewelry Mfg. Co., 1816 (1925)

, Circuit Court of Appeals, First Circuit., BINGHAM, Circuit Judge., After the District Court rendered its decision in this case the defendant moved for a new trial on the ground of newly discovered evidence, supporting his motion with affidavits setting forth the evidence relied upon. C. A. 304;

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United States v. Dorto, 1808 (1925)

5 F.2d 596 (1925), UNITED STATES, v., DORTO. See section 19 (section 4289 , 17 Rawle I. 720, 24 A. 578, as follows:, In order to constitute a marriage per verba de presenti, the parties must agree to become husband and wife presently., The agreed facts bring this case completely within this rule.

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Howes v. Tozer, 1805 (1925)

, Having made this decision on the question of jurisdiction, he then reviewed the case on its merits, and found that the testimony given by Tozer in the Fry Case did not warrant the finding that he there admitted the commission of a crime, as charged in the deportation warrant; C. A. 119;

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Leonard v. United States, 1801-1803 (1925)

, In cases Nos., The second objection is that the search warrants were directed to a federal prohibition agent or a general federal prohibition agent and that there were no such officer or officers and no such designation known under the Constitution or statutes of the United States.

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Baltzell v. Mitchell, 1792, 1793 (1925)

It also provides that, in cases under paragraph 4 of subdivision (a) of this section the fiduciary shall include in the return a statement of each beneficiary's distributive share of such net income, whether or not distributed before the close of the taxable year for which the return is made.

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General Baking Co. v. Gorman, 1791 (1925)

, The general result is that if, as between Bond and Liberty Bond, as applied to the sale of bread in Rhode Island, there be any infringement, plaintiff is infringing upon the defendant's rights, not the defendant upon the plaintiff's rights. See Trade-Mark Cases, 100 U.S. 82, 25 L. Ed. 550;

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Barron v. United States, 1766, 1767 (1925)

5 F.2d 799 (1925), BARRON, v., UNITED STATES (two cases). C. A. 99., It appeared in evidence that a very substantial amount of furniture belonging to the Barron Furniture Company had been taken, prior to the filing of the petition in bankruptcy against it, to Wareham, and stored in a cottage there.

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Gallagher v. Hannigan, 1761, 1762 (1925)

472, 63 L. Ed. 948. It wasn't their money., To give the District Court, as a court of bankruptcy, jurisdiction under section 67e or 70e it is necessary that the transfers complained of in these cases should have been made by the bankrupt, the Old Colony Foreign Exchange Company, to the defendants.

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Cunningham v. MERCHANTS'NAT. BANK, 1703 (1925)

He used money from later investors to pay the obligations of earlier investors., The proofs show that on July 2, 1920, Mr. Additon, the cashier, Mr. Bruno, and Mr. Wyman, his counsel, went to Boston and secured from Ponzi three $50, 000 checks ($150, 000) for deposit in the defendant bank.

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