Legal Opinion

Liverpool, New York & Philadelphia Steamship Co. v. Commissioners of Emigration

Supreme Court of the United States

Decided January 5, 1885No. 19PublishedCited by 430 opinions

IN ERROR' TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW' YORK. This was an action of assumpsit to recover back moneys paid to the Commissioners of Emigration of the State of New York by the steamship company, a earner of emigrants to the United States. The case was elaborately argued, but the question on which the case is remanded was not discussed in the briefs. The facts in respect of it are stated in the opinion of the court.

1Opinion of the CourtJustice Matthews

The plaintiff in error was plaintiff below, and, being a corporation under the laws of Great Britain and an alien, brought this action in the Circuit Court of the United States for the Southern District of New York, the defendant being a corporation of that State,

The action was in form indebitatus assumpsit, and the substance of the declaration was as follows:

“ 3d. And the said plaintiff, by its said attorneys, complains of the said defendant in a plea of assumpsit upon implied promise for that whereas the said defendant on the 10th day of February, 1875, at the city of New York, in the…

2Cases cited1 opinion

  1. Oscanyan v. Arms Co.Supreme Court of the United States · 1881

3Cited by430 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  3. Kolender v. LawsonSupreme Court of the United States · 1983
  4. New York v. FerberSupreme Court of the United States · 1982
  5. Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947

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