United States v. Lyman
U.S. Circuit Court for the District of Massachusetts
This was an action of debt, brought by the United States against the defendant [Theodore Lyman] for $17,242.40, being the amount of duties due on 500 chests of tea. imported into the port of Boston in the ship Alert, in July, 1816. Plea, nil debet.
Read the full summary
This was an action of debt, brought by the United States against the defendant [Theodore Lyman] for $17,242.40, being the amount of duties due on 500 chests of tea. imported into the port of Boston in the ship Alert, in July, 1816. Plea, nil debet. At the trial it appeared, that the defendant was the owner of the ship Alert, and of the 500 chests of tea in question; and that the same were imported by him into Boston, on the 2d day of July, 1816. After the arrival and entry of the ship at the custom house, the 500 chests of tea were, on the 8th day of July, purchased (whether really or…
1Opinion of the Court
STORY, Circuit Justice,
after summing up the facts, charged the jury.
In this case the United States ground their claim to recover from the defendant upon no peculiar rights growing out of their prerogative, but upon principles, which every citizen might justly apply to vindicate his own rights under similar circumstances. There are several questions of law, which have been learnedly and ingeniously argued; and upon which, having formed a most decided opinion, it is my duty to pronounce It
The first question is, whether an action of debt lies in this case. By the common law, an action of debt is…
2Cases cited2 opinions
- Sluby v. ChamplinNew York Supreme Court · 1809
- Pease v. HowardNew York Supreme Court · 1817
3Cited by31 opinions
- United States v. BajakajianSupreme Court of the United States · 1998
- Stockwell v. United StatesSupreme Court of the United States · 1871
- Waring v. MayorSupreme Court of the United States · 1869
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- United States v. ShallusCourt of Customs and Patent Appeals · 1911
26 more not listed; retrieve them via the Exa API.