Legal Opinion

Cooke v. United States

Supreme Court of the United States

Decided November 29, 1875No. 275Published

■ Error to the Circuit Court of the United States for the Southern District of New York. The case was as follows: — ' On the 3d of March, 1865, Congress authorized the Secretary of the Treasury to borrow, on the credit of the United States, not exceeding six hundred millions of dollars, and to issue therefor bonds or treasury-notes of the United States, bearing interest not exceeding seven and three-tenths per centum per annum,, payable semi-annually. 13 Stat. 468. Such…

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■ Error to the Circuit Court of the United States for the Southern District of New York. The case was as follows: — ' On the 3d of March, 1865, Congress authorized the Secretary of the Treasury to borrow, on the credit of the United States, not exceeding six hundred millions of dollars, and to issue therefor bonds or treasury-notes of the United States, bearing interest not exceeding seven and three-tenths per centum per annum,, payable semi-annually. 13 Stat. 468. Such notes were not made a legal tender. Under this act, treasury-notes to a large amount were issued by tbe Secretary of tbe…

1Opinion of the Court 1

91 U.S. 389 (____)

COOKE ET AL.

v.

UNITED STATES.

Supreme Court of United States.

Mr. J.E. Burrell and Mr. R.L. Ashhurst for plaintiffs in error.

Mr. Attorney-General Pierrepont and Mr. Solicitor-General Phillips for the defendants in error.

2Opinion of the Court · WaiteChief Justice Waite

The United States sued Jay Cooke & Co., in this action, to recover back money paid them by the assistant-treasurer in New York for the purchase or redemption before maturity, under the the act of Aug. 12, 1866 (14 Stat. 31), of what purported to be eighteen 7-30 treasury notes, issued under the authority of the act of March 3, 1865 (13 Stat. 468), but which it…

Also in this document: Dissent.

3Cases cited9 opinions

  1. United States v. KirkpatrickSupreme Court of the United States · 1824
  2. Cooke v. United StatesSupreme Court of the United States · 1875
  3. United States v. Bank of the MetropolisSupreme Court of the United States · 1841
  4. Gibbons v. United StatesSupreme Court of the United States · 1869
  5. Coppell v. HallSupreme Court of the United States · 1869

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