United States v. Edgar
U.S. Circuit Court for the District of Eastern Missouri
' This is a suit under section 3, Act Feb. 26,1885, (23 U. S. St. 333,) to recover a penalty for prepaying the transportation of two aliens from Bristol, England, to the United States, such aliens being at the time, as it is claimed, under a contract to perform labor for the defendant in the United States.
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' This is a suit under section 3, Act Feb. 26,1885, (23 U. S. St. 333,) to recover a penalty for prepaying the transportation of two aliens from Bristol, England, to the United States, such aliens being at the time, as it is claimed, under a contract to perform labor for the defendant in the United States. The petition, after alleging the prepayment of the transportation, while the aliens were under a contract to perform labor in the United States, further avers that “said contract and agreement between defendant and said aliens was entered into between them by letters for■Avarded and…
1Opinion of the Court
Thayer, J.,
(after stating the facts as above.) Two questions have been argued at the bar: First, whether Boyce or Do.rosalski, as shown by the correspondence, were under any such “contract or agreement, parol or special, express or implied, to perform labor or service in the United States,” as renders the defendant liable to a penalty for prepaying their transportation; and, second, whether the fact that Boyce and Borosalski did not actually land, but were sent back to England, absolves’ the defendant from liability._
I find it unnecessary to decide the last question. It has been held,…
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