Legal Opinion

Cooke v. United States

Supreme Court of the United States

Decided November 29, 1875No. 275PublishedCited by 159 opinions

■ Error to the Circuit Court of the United States for the Southern District of New York. The case was as follows: — ' On the 3d of March, 1865, Congress authorized the Secretary of the Treasury to borrow, on the credit of the United States, not exceeding six hundred millions of dollars, and to issue therefor bonds or treasury-notes of the United States, bearing interest not exceeding seven and three-tenths per centum per annum,, payable semi-annually. 13 Stat. 468. Such…

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■ Error to the Circuit Court of the United States for the Southern District of New York. The case was as follows: — ' On the 3d of March, 1865, Congress authorized the Secretary of the Treasury to borrow, on the credit of the United States, not exceeding six hundred millions of dollars, and to issue therefor bonds or treasury-notes of the United States, bearing interest not exceeding seven and three-tenths per centum per annum,, payable semi-annually. 13 Stat. 468. Such notes were not made a legal tender. Under this act, treasury-notes to a large amount were issued by tbe Secretary of tbe…

1Opinion of the Court

Mr. Chiek Justice Waite

delivered the opinion of the court.

The United States sued Jay Cooke & Co., in this action, to recover back money paid them by the assistant-treasurer in New York for the purchase or redemption before maturity, under the the act of Aug. 12, 1866 (14 Stat. 31), of what purported to be eighteen 7-30 treasury notes, issued under the authority of the act of March 3,1865 (13 Stat. 468), but which it is alleged were counterfeit. Cooke & Co. insist, that if they honestly believed the notes in question were genuine, and, so believing, in good faith passed them to the…

2Cases cited8 opinions

  1. United States v. KirkpatrickSupreme Court of the United States · 1824
  2. Gibbons v. United StatesSupreme Court of the United States · 1869
  3. Coppell v. HallSupreme Court of the United States · 1869
  4. Farrar and Brown v. United StatesSupreme Court of the United States · 1831
  5. Vermilye & Co. v. Adams Express Co.Supreme Court of the United States · 1875

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3Cited by159 opinions

  1. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
  2. Lynch v. United StatesSupreme Court of the United States · 1934
  3. United States v. Winstar Corp.Supreme Court of the United States · 1996
  4. United States v. SummerlinSupreme Court of the United States · 1940
  5. Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938

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