Macklin v. Frazier

JUDGE LINDSAY

delivered the opinion op the court.

This action was instituted to recover the value of about five hundred barrels of whisky consumed in the bonded warehouse of appellant Macklin, which was destroyed by fire in the month of April, 1869. The whisky was held by the Federal Government to secure the payment of the internal revenue tax due thereon, and was in the joint custody of appellant, a bonded warehouseman, and of a government store-keeper.

Upon this appeal it is neither necessary nor proper for this court to undertake to decide as to the preponderance of the evidence. We deem it…