Rateau v. Bernard
U.S. Circuit Court for the District of Southern New York
In equity. The bill in this case set forth, that the plaintiff [Jean C. O. Rateau] and the defendant Pierre L. Bernard were French subjects, and that the defendant Eugene Ter-ray was a citizen of New York.
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In equity. The bill in this case set forth, that the plaintiff [Jean C. O. Rateau] and the defendant Pierre L. Bernard were French subjects, and that the defendant Eugene Ter-ray was a citizen of New York. It averred that, in May, 1854, Bernard, through fraudulent representations, made to the plaintiffs’ firm in France, of which firm, it having since gone into liquidation, the plaintiff was now the liquidator, procured that firm to send to Bernard, at Havre, a quantity of brandy, for the purpose of being delivered to a person who was represented by Bernard as desiring to purchase it to send…
1Opinion of the Court
BETTS. District Judge.
The plaintiff is a French subject. Bernard, one of the defendants, is also alleged in the bill to be an alien. TerraJ-, it is charged, is a citizen of the United States, and Rediield is United States collector for the port of New York, and is proceeded against in that capacity. The first-named two defendants appear and oppose the motions, upon voluminous depositions.
For the collector it is objected, that he is not amenable to the suit in this mode of proceeding — his acts, as charged, being purely official, and within the plain scope of his authority. And it is insisted…
2Cases cited6 opinions
- Root v. FrenchNew York Supreme Court · 1835
- Mowrey v. WalshNew York Supreme Court · 1828
- Case & wife v. AbeelNew York Court of Chancery · 1829
- Andrew v. DieterichNew York Supreme Court · 1835
- Robinson v. DauchyNew York Supreme Court · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ladew v. Tennessee Copper Co.U.S. Circuit Court for the District of Eastern Tennessee · 1910
- Wafer v. Harvey County BankSupreme Court of Kansas · 1891
- Texas v. LewisUnited States Circuit Court · 1882
- Laird v. Indemnity Mut. Marine Assur. Co.U.S. Circuit Court for the District of Southern New York · 1890
- Fuentes v. SuarezDistrict Court, D. Puerto Rico · 1915
1 more not listed; retrieve them via the Exa API.