Cutler v. Kouns
Supreme Court of the United States
IN .ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK By section 3 of the act of July 13th, 1861,12 Stat. 255, it was enacted that it should be lawful for the President by proclamation to declare that the inhabitants of any State or part of a State in rebellion against the United States were in a state of insurrection, and that “ thereupon all commercial intercourse by and between the same and citizens thereof and the citizens of the rest…
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IN .ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK By section 3 of the act of July 13th, 1861,12 Stat. 255, it was enacted that it should be lawful for the President by proclamation to declare that the inhabitants of any State or part of a State in rebellion against the United States were in a state of insurrection, and that “ thereupon all commercial intercourse by and between the same and citizens thereof and the citizens of the rest of the United States should cease and be unlawful so long as such condition of hostilities should continue.” By his…
1Opinion of the Court
Me. Justice' "Woods
delivered the opinion of the court.
The errors assigned are, first, the refusal of the Circuit Court to direct a verdict for the defendant on the ground that the money sued for was lawfully exacted from the defendants in error; and, second, its refusal to give a similar direction on the ground that the action was barred. ¥e think both these assignments are well founded.
It is not disputed that on June 6th, 1865, when the cotton was brought to New Orleans, the exaction by Cutler, the purchasing agent, of one-fourth its market value in the city of New York was lawful, and that…
2Cases cited2 opinions
- Foster v. BlountSupreme Court of Alabama · 1851
- The United States v. Ephraim BriggsSupreme Court of the United States · 1850
3Cited by8 opinions
- Gerald Schafer v. Board Of Public Education Of The School District Of Pittsburgh, Pa.Court of Appeals for the Third Circuit · 1990
- Skeen v. LynchCourt of Appeals for the Tenth Circuit · 1931
- State v. New Hampshire Gas Electric Co.Supreme Court of New Hampshire · 1932
- Schafer v. Board of Public EducationCourt of Appeals for the Third Circuit · 1990
- International Ladies' Garment Workers' Union v. DeeVille Blouse Co.District Court, E.D. Pennsylvania · 1980
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