Hammer v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Riley C. Hammer was convicted -iinder the Harrison Act of an illegal sale of narcotics, and he brings error.
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In Error to the District Court of the United States for the Southern District of New York. Riley C. Hammer was convicted -iinder the Harrison Act of an illegal sale of narcotics, and he brings error. The indictment was under the Harrison Act (Act Dec. 17,1914, §§ 1, 2, and 9), and so far as here material charged that Hammer had, within the Southern district of New York, “sold, bartered, and given away” to one Eowle a quantity of the drugs forbidden by the statute; such sale, barter, and giving away having been made “not in pursuance to a written order of the persons to whom” the said drugs…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1, 2] 1. The contention of plaintiff in error is that there was no actual sale, but merely an agreement to sell. Doubtless there is often difficulty in determining into which category the transaction falls, as was said in the Elgee Cotton Cases, 22 Wall. 187, 22 L. Ed. 863. But there is no doubt that at common law mutual assent of the parties was enough to validate a sale of personalty. If by the agreement the property passed, the “bargain and sale” was complete. It was and is only if the passage of the property (i, e., the title) is to occur in the…
2Cases cited3 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- The Elgee Cotton CasesSupreme Court of the United States · 1875
- Marshall v. United StatesCourt of Appeals for the Second Circuit · 1912
3Cited by16 opinions
- Lefkowitz v. United StatesCourt of Appeals for the Second Circuit · 1921
- Hurwitz v. United StatesCourt of Appeals for the Eighth Circuit · 1924
- United States v. HendersonCourt of Appeals for the Third Circuit · 1922
- Barnett v. United StatesCourt of Appeals for the Ninth Circuit · 1949
- Lammerding v. CommissionerUnited States Board of Tax Appeals · 1939
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