Ogden v. Maxwell
U.S. Circuit Court for the District of Southern New York
This was an action against the defendant [Hugh Maxwell], as collector of the port of New York, to recover back money paid under the following circumstances: The plaintiffs [David Ogden and others] were owners of the ship Hacer. She arrived at New York from Liverpool, in November, 1851, with 769 steerage passengers, and their wearing apparel and other personal baggage and tools of trade.
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This was an action against the defendant [Hugh Maxwell], as collector of the port of New York, to recover back money paid under the following circumstances: The plaintiffs [David Ogden and others] were owners of the ship Hacer. She arrived at New York from Liverpool, in November, 1851, with 769 steerage passengers, and their wearing apparel and other personal baggage and tools of trade. The vessel was duly entered, and the wearing apparel, personal baggage and tools of trade were entered separately from the other goods brought by the vessel. Only one permit for the examination and landing of…
1Opinion of the Court
BETTS, District Judge.
An objection is raised by the defendant, preliminarily, to the action, or rather to his personal liability,- on the ground that he acted, in the matter in question, as the agent of the government, and had paid into the treasury the moneys demanded, before suit was brought. This objection was not supported by any proof; and, although the court will judicially notice, that by the act of March 3, 1841 (5 Stat. 432, § 5), the defendant is entitled to retain, for his own complication, from the fees and emoluments received in his office, no more than the sum of $6,000 per…
2Cases cited4 opinions
- Ripley v. GelstonNew York Supreme Court · 1812
- People v. WhaleyNew York Supreme Court · 1827
- Clinton v. StrongNew York Supreme Court · 1812
- M'Intyre v. TrumbullNew York Supreme Court · 1810
3Cited by8 opinions
- Swift & Co. v. United StatesSupreme Court of the United States · 1884
- American Airlines, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2008
- American District Telegraph Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1925
- Hazelhurst Oil Mill & Fertilizer Co. v. United StatesUnited States Court of Claims · 1930
- Lewis v. City & County of San FranciscoCalifornia Court of Appeal · 1905
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