Ferguson v. United States
District Court, N.D. New York
Action by Prank O. Ferguson against the United States to recover $50.60 taken by officers from tke person of one James Atwood, who pleaded guilty to an indictment for burglary of a post office, and wbo gave plaintiff an order for suck money.
Read the full summary
Action by Prank O. Ferguson against the United States to recover $50.60 taken by officers from tke person of one James Atwood, who pleaded guilty to an indictment for burglary of a post office, and wbo gave plaintiff an order for suck money. On the night of July 15-16, 1893, the post office at Whitesboro, N. Y., was broken into by a burglar, and postage stamps to the amount of $320.61, .money-order funds to the amount of $41.31, and postal funds to the amount of $9.29 taken therefrom. On July 17, 1893, one James Atwood was arrested in New York City for the burglary. At the time of his arrest…
1Opinion of the Court
COXE, District Judge.
It was admitted at the trial, and the admission is reiterated in the defendant’s brief, that the money found on Atwood was not identified as having been taken from the post office at Whitesboro. The court is, therefore, unable to discover by what right or title the defendant assumes to retain this money. There is not a particle of proof that it is the money that was stolen, or that the defendant holds it pursuant to any legal process. The defendant has it and proposes to keep it if it can. Ho much is clear, but the reasoning by which it is sought to justify this…
2Cited by3 opinions
- Van Buskirk v. United StatesDistrict Court, E.D. Tennessee · 1962
- Hildebrandt v. HarrisDistrict Court, S.D. New York · 1955
- United States v. ParkerU.S. Circuit Court for the District of Southern New York · 1908