United States v. United States Brokerage & Trading Co.
District Court, S.D. New York
Criminal prosecution by the United States against the United States Brokerage & Trading Company and others. On demurrers to the indictments. The case comes up upon demurrers to three indictments, which, as they concern dealings with three different railroads, are referred to as the Central Vermont, the Long Island, and the Jersey Central indictments.
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Criminal prosecution by the United States against the United States Brokerage & Trading Company and others. On demurrers to the indictments. The case comes up upon demurrers to three indictments, which, as they concern dealings with three different railroads, are referred to as the Central Vermont, the Long Island, and the Jersey Central indictments. The Central Vermont indictment is in seven counts against only the first three defendants, of which the first alleges that the Central Vermont Railroad was under the control of the Director General; that the United States had a property interest…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] The counts for conspiracy to defraud the United States are clearly good from any aspect. It is no concern of the defendants whether or not the United States had the right to sell “astray freight.” It was at the least a bailee of that freight, and, though the sale were wrongful, it was entitled to the possession of the proceeds. To appropriate those proceeds was either to impede the United States in its duty of discharging its liability to the consignees, if the sale was il*461legal (Haas v. Henkel, 216 U. S. 462, 479, 480, 30 Sup. Ct. 249, 54 L. Ed. 569, 17…
2Cases cited19 opinions
- Moore v. United StatesSupreme Court of the United States · 1895
- Haas v. HenkelSupreme Court of the United States · 1910
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1880
- McElroy v. PeopleIllinois Supreme Court · 1903
- United States v. PlylerSupreme Court of the United States · 1911
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3Cited by7 opinions
- State v. DuboisUtah Supreme Court · 1940
- Page v. CommonwealthSupreme Court of Virginia · 1927
- United States v. JenksDistrict Court, E.D. Pennsylvania · 1920
- Robert Harry Groves v. United StatesCourt of Appeals for the Eighth Circuit · 1965
- Maxim Mfg. Co. v. Imperial Mach. Co.Court of Appeals for the Seventh Circuit · 1923
2 more not listed; retrieve them via the Exa API.