Standard Oil Co. v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Western District of New York. The Standard Oil Company of New York was convicted of a criminal offense, and it brings error. Writ of error to review a judgment of the District Court, Western district of New York, entered upon the verdict of a jury finding the defendant guilty of violations of the act to further regulate commerce of February 19, 1908, commonly known as the “Elkins Act.”
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In Error to the District Court of the United States for the Western District of New York. The Standard Oil Company of New York was convicted of a criminal offense, and it brings error. Writ of error to review a judgment of the District Court, Western district of New York, entered upon the verdict of a jury finding the defendant guilty of violations of the act to further regulate commerce of February 19, 1908, commonly known as the “Elkins Act.” Act Feb. 19, 1903, c. 708, 32 Stat. 847 (U. S. Comp. St. Snpp. 1909, p. 1138). In the following statement and opinion the parties are designated as in…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). The question raised by the defendant in this case may be conveniently considered in the order stated in its brief. In the first place, the defendant contends that the indictment was insufficient in that it failed to allege payment of the alleged unlawful rate, and that proof of the payment of such rate was erroneously received. This question was raised by demurrer, and was preserved on the trial by motions to dismiss. Evidence of payment of the rate was offered upon the trial and was received over the defendant’s objection and exception.
The statute under…
2Cases cited22 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- United States v. HessSupreme Court of the United States · 1888
- Evans v. United StatesSupreme Court of the United States · 1894
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3Cited by22 opinions
- United States v. Mississippi Valley Barge Line Company, Mississippi Valley Barge Line Company v. United States Fo AmericaCourt of Appeals for the Eighth Circuit · 1960
- McFadden v. Alabama Great Southern R.Court of Appeals for the Third Circuit · 1917
- Richardson v. United StatesCourt of Appeals for the Third Circuit · 1910
- Penna. R. Co. v. PU Comm'n.Supreme Court of the United States · 1936
- GEN. ACC. FIRE & LIFE ASSUR. CORP. v. PiazzaNew York Court of Appeals · 1958
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