Cary v. Curtis
Supreme Court of the United States
■ This case came up from the Circuit Court of the United States for 'the southern district of-New York, oh a certificate of division in opinion between the judges thereof. ■ The action was brought in tlie Circuit Court to recover money paid to Curtis, as collector of the port of New York, for duties.
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■ This case came up from the Circuit Court of the United States for 'the southern district of-New York, oh a certificate of division in opinion between the judges thereof. ■ The action was brought in tlie Circuit Court to recover money paid to Curtis, as collector of the port of New York, for duties. The declaration contained the common money-counts, and the defendant pleaded the general issu¿ The cause was tried at November.term, 1842. " The 'jury found for the plaintiffs, subject to the opinion of the court, among other things, 1. That the plaintiffs paid .ti e.éum of $181 75 to the…
1Opinion of the CourtJustice Daniel
In order to arrive at the answer which should be given to the question certified upon this record, the objects first to be sought for are the intention and meaning of Congress in the enactment of the 2d section of the act of March 3d,Y839, under which the question sent here has been raised. The positive language of the statute, it is true, must control every other. rule of interpretation, yet even this may be better understood by recurrence to the known public practice as to matters in pan materia, and by the rules of law as previously expounded by the courts, and as applied to and as having…
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