White v. Treat
U.S. Circuit Court for the District of Southern New York
This is an action brought to recover the sum of $(504, being the amount alleged to have been paid by the plaintiff to the defendant under protest. This sum represents the value of 30,200 internal revenue stamps of the denomination of 2 cents each, which defendant, acting as a revenue officer, required plaintiff to affix to certain memo-randa which evidenced the giving by plaintiff of an option to purchase from him in the future certain named stock at a given price.
Read the full summary
This is an action brought to recover the sum of $(504, being the amount alleged to have been paid by the plaintiff to the defendant under protest. This sum represents the value of 30,200 internal revenue stamps of the denomination of 2 cents each, which defendant, acting as a revenue officer, required plaintiff to affix to certain memo-randa which evidenced the giving by plaintiff of an option to purchase from him in the future certain named stock at a given price. The transaction is one which, in the language of the stock market, is known as a “call.” The parties duly filed with the clerk a…
1Opinion of the CourtXacombe, Circuit Judge
(after stating the facts as above). The several “calls” referred to in the complaint are all in the following form; varying only in date, in the name of the stock, and in the price at which they were offered:
“New York, May 18, 1899.
“For value received, the bearer may call on me on one day’s notice, except last day, when notice is not required: One hundred shares of the common stock of the American Sugar-Refining Company, at one hundred and seventy-*291five per cent., any lime in fifteen days from date. All dividends for which transfer books close during said time go with the stock. Expires June…
2Cited by3 opinions
- United States v. HendersonCourt of Appeals for the Third Circuit · 1922
- Sweeney's Guardian Ad Litem v. Sweeney's CommitteeCourt of Appeals of Kentucky (pre-1976) · 1934
- Fleshman v. McClainU.S. Circuit Court for the District of Eastern Pennsylvania · 1900