91 U.S. 252 (_) WRIGHT v. TEBBITTS. Supreme Court of United States. *253 Mr. George W. Paschal for the plaintiff in error, and Mr. R.D. Mussey for the defendant in error. Mr. CHIEF JUSTICE WAITE delivered the opinion of the court. The errors assigned upon this record are, in substance, that the contract given in evidence is illegal: 1. Because it is an assignment of a one-tenth interest in the claim of Wright, and not "freely made and executed in the presence of at least two witnesses, after...
91 U.S. 249 (_) MÜLLER ET AL. v. EHLERS. Supreme Court of United States. *250 Mr. Matt. H. Carpenter for the plaintiff in error, and Mr. F.W. Cotzhausen for the defendant in error. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. It perhaps sufficiently appears from the bill of exceptions in this case, if it is to be taken as a part of the record, that the rulings complained of were excepted to in proper form at the time of the trial; but it does not appear that the bill of...
93 U.S. 247 (_) WHITESIDE ET AL. v. UNITED STATES. Supreme Court of United States. *248 Argued by Mr. Joseph Casey for the appellants, who cited Salomon v. United States, 19 Wall. 17 ; United States v. Gill, 20 id. 517; Reeside v. United States, 8 id. 38. Mr. Assistant Attorney-General Smith, contra. MR. JUSTICE CLIFFORD delivered the opinion of the court. Discretionary authority was vested in the Secretary of the Treasury to appoint special agents to receive and collect abandoned or captured...
91 U.S. 238 (_) MUTUAL BENEFIT LIFE INSURANCE COMPANY v. TISDALE. Supreme Court of United States. *239 Mr. Frederick T. Frelinghuysen and Mr. Edwin L. Stanton for the plaintiff in error. Mr. George Crane for the defendant in error. *241 MR. JUSTICE HUNT delivered the opinion of the court. In an action brought, not as administrator, but in an individual character, to recover an individual debt, where the right of action depends upon the death of a third party, to wit, an insurance upon his...
93 U.S. 242 (_) GARFIELDE v. UNITED STATES. Supreme Court of United States. *244 Mr. Ebon C. Ingersoll and Mr. B.F. Rice for the appellant. Mr. Assistant Attorney-General Smith, contra. MR. JUSTICE HUNT delivered the opinion of the court. The Court of Claims holds that the proposal on the part of Garfielde, and the acceptance of the proposal by the department, created a contract of the same force and effect as if a formal contract had been written out and signed by the parties. Many authorities...
93 U.S. 321 (_) TALTY v. FREEDMAN'S SAVINGS AND TRUST COMPANY. Supreme Court of United States. Mr. Joseph H. Bradley for the plaintiff in error. *322 Mr. Enoch Totten for the defendant in error. MR. JUSTICE SWAYNE delivered the opinion of the court. This was an action of replevin, prosecuted by the plaintiff in error. The judgment was against him. The bill of exceptions discloses all the evidence given by both parties. The facts lie within a narrow compass, and, except as to one point, which in...
91 U.S. 225 (_) POLLARD v. LYON. Supreme Court of United States. Mr. Joseph H. Bradley and Mr. A.G. Riddle for the plaintiff in error, and Mr. Walter S. Cox for the defendant in error. MR. JUSTICE CLIFFORD delivered the opinion of the court. Words both false and slanderous, it is alleged, were spoken by the defendant of the plaintiff; and she sues in an action on the case for slander to recover damages for the injury to her name and fame. Controversies of the kind, in their legal aspect,...
93 U.S. 393 (_) MUTUAL LIFE INSURANCE COMPANY v. SNYDER. Supreme Court of United States. Argued by Mr. William A. Porter and Mr. George W. Biddle for the plaintiff in error, and by Mr. Edward J. Fox and Mr. Henry Green for the defendant in error. MR. JUSTICE DAVIS delivered the opinion of the court. The contract of insurance, which is the subject of this suit, was effected by Monroe Snyder on his life, for the benefit of his wife. There was a judgment on the verdict in her favor, and the case...
91 U.S. 454 (_) GRAND TRUNK RAILROAD COMPANY v. RICHARDSON ET AL. Supreme Court of United States. *459 Mr. George A. Bingham and Mr. Ossian Ray for the plaintiff in error. Mr. Halbert E. Paine for the defendants in error. *468 MR. JUSTICE STRONG delivered the opinion of the court. The plaintiffs below were permitted to adduce evidence that those of the injured buildings which were within the lines of the roadway had been erected within those lines by the license of the company, for the...
92 U.S. 651 (_) UNITED STATES v. RAYMOND, ASSIGNEE; SAME v. KIDD; SAME v. COWAN, ADMINISTRATOR; SAME v. BRABSTON; SAME v. SPEAR; SAME v. McLEAN; SAME v. COOK; SAME v. BATCHELOR; SAME v. HAWKINS; SAME v. GARDNER, ASSIGNEE; SAME v. BODENHEIM, EXECUTRIX. Supreme Court of United States. *652 Mr. Solicitor-General Phillips and Mr. Assistant Attorney-General Edwin B. Smith for the appellants. Mr. Joseph Casey and Mr. Henry S. Foot, contra. MR. CHIEF JUSTICE WAITE delivered the opinion of the court....
92 U.S. 281 (_) UNITED STATES v. ROSS. Supreme Court of United States. Mr. Assistant Attorney-General Edwin B. Smith for the United States. Mr. George Taylor, contra. *282 MR. JUSTICE STRONG delivered the opinion of the court. It is incumbent upon a claimant under the Captured or Abandoned Property Act to establish by sufficient proof that the property captured or abandoned came into the hands of a treasury agent; that it was sold; that the proceeds of the sale were paid into the treasury of...
92 U.S. 457 23 L. Ed. 497 WILLIAMS ET AL. v. UNITED STATES. October Term, 1875 APPEAL from the District Court of the United States for the District of California. Mr. E. L. Goold for the appellants. Mr. Solicitor-General Phillips, contra . MR. JUSTICE CLIFFORD delivered the opinion of the court. 1 Concessions or grants of land by Mexican governors were of three kinds, described as follows: (1.) Grants or concessions of land by specific boundaries, where the donee is entitled to the entire tract...
93 U.S. 465 (_) WIGGINS v. PEOPLE, ETC., IN UTAH. Supreme Court of United States. Argued by Mr. George H. Williams for the plaintiff in error, and by Mr. Solicitor-General Phillips, contra. MR. JUSTICE MILLER delivered the opinion of the court. Sect. 3 of the act of Congress of June 23, 1874 (18 Stat. 254), allows a writ of error from this court to the Supreme Court of the Territory of Utah, where the defendant has been convicted of bigamy or polygamy, or has been sentenced to death for any...
92 U.S. 259 23 L. Ed. 543 HENDERSON ET AL. v. MAYOR OF THE CITY OF NEW YORK ET AL. COMMISSIONERS OF IMMIGRATION v. NORTH GERMAN LLOYD. October Term, 1875 THESE cases come here by appeal,—the former from the Circuit Court of the United States for the Southern District of New York, the latter from the Circuit Court of the United States for the District of Louisiana. In the case from New York, which is a suit in equity against the mayor of the city of New York and the Commissioners of Emigration,...
93 U.S. 163 (_) TILTON ET AL. v. COFIELD ET AL. Supreme Court of United States. Argued by Mr. George T. Curtis and Mr. George H. Williams for the appellants, and submitted on printed arguments by Mr. Amos Steck for the appellees. MR. JUSTICE SWAYNE delivered the opinion of the court. On the 28th of August, 1865, the appellants sued out of the District Court of Arapaho County, Col., a writ of attachment against the property of Judson H. Dudley and Thomas P. Ames, for the sum of $2,591.44. The...
93 U.S. 228 (_) HORNOR v. HENNING ET AL. Supreme Court of United States. *229 Argued by Mr. F.P. Cuppy for the plaintiff in error. Mr. Walter D. Davidge for the defendants in error. *230 MR. JUSTICE MILLER delivered the opinion of the court. The demurrer questions the right of a single creditor among many of the corporation to bring his separate action at law for his own debt, and recover a judgment for it against the trustees, though the allegations of his declaration be true. If there exists...
92 U.S. 618 (_) LEWIS, TRUSTEE, v. UNITED STATES. Supreme Court of United States. *619 Mr. William M. Evarts, Mr. R.L. Ashhurst, and Mr. W.P. Clough, for the appellant. Mr. Attorney-General Pierrepont and Mr. R.C. McMurtrie, contra. MR. JUSTICE SWAYNE delivered the opinion of the court. This case turns upon legal propositions. There is no controversy about the facts. Jay Cooke, McCulloch, & Co., bankers, of London, were appointed by the United States disbursing agents for the Navy Department....
93 U.S. 225 23 L. Ed. 878 GRANT, COLLECTOR, v. HARTFORD AND NEW HAVEN RAILROAD COMPANY. October Term, 1876 ERROR to the Circuit Court of the United States for the District of Connecticut. This action was brought by the Hartford and New Haven Railroad Company against Henry A. Grant, collector of internal revenue for the first district of Connecticut, to recover the sum of $2,785.65 income tax, and $139.28 penalty, paid to him under protest in January, 1868. The controversy arose upon the...
92 U.S. 330 (_) ANGLE v. NORTH-WESTERN MUTUAL LIFE INSURANCE COMPANY. Supreme Court of United States. Mr. George G. Wright for the appellant. Mr. C.C. Nourse, contra. MR. JUSTICE CLIFFORD delivered the opinion of the court. Persons dealing with an agent are entitled to the same protection as if dealing with the principal, to the extent that the agent acts within the scope of his authority. Pursuant to that rule, it is settled law, that where a party to *331 a negotiable instrument intrusts it...
91 U.S. 704 (_) WARREN ET AL. v. SHOOK. Supreme Court of United States. *708 Mr. B.K. Phelps for the plaintiffs in error. Mr. Assistant Attorney-General Edwin B. Smith for the defendant in error. MR. JUSTICE HUNT delivered the opinion of the court. The plaintiffs were licensed bankers in the city of New York. They also bought and sold gold and stocks for others upon a commission paid to them for that service. On their own account, they also dealt largely in gold and stocks. They have paid the...
