Legal Opinion

Nichols & Cox Lumber Co. v. United States

Court of Appeals for the Sixth Circuit

Decided April 7, 1914No. 2409PublishedCited by 5 opinions

In Error to the District Court of the United States for the Western District of Michigan; Clarence W. Sessions, Judge. The Nichols & Cox Lumber Company was convicted of accepting and receiving a rebate on an interstate shipment of lumber, and brings error.

1Opinion of the Court

WARRINGTON, Circuit judge.

The defendant below was indicted and convicted upon three counts, in each of which it was alleged that the defendant did “knowingly and willfully solicit, accept, and receive,” from the Grand Rapids & Indiana Railway Company, “a rebate,” in a sum stated “in respect to the transportation” of property in interstate commerce, “whereby such property was transported * * * at a rate and charge less” by the sum so stated “than the rate * * * named in the schedules and tariffs * * * published and filed and posted” by the certain common carriers named in the indictment. The(…

2Cases cited9 opinions

  1. Reynolds v. United StatesSupreme Court of the United States · 1879
  2. Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
  3. Rosen v. United StatesSupreme Court of the United States · 1896
  4. Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912
  5. Frost v. WenieSupreme Court of the United States · 1895

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Boone v. United StatesCourt of Appeals for the Sixth Circuit · 1940
  2. United States v. Erie R.District Court, D. New Jersey · 1915
  3. United States v. Metropolitan Lumber Co.District Court, D. New Jersey · 1918
  4. United States v. AltmanDistrict Court, W.D. New York · 1934
  5. Lewis, Leonhardt & Co. v. Southern Ry. Co.Court of Appeals for the Sixth Circuit · 1914

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