Legal Opinion

United States v. Ehrgott

U.S. Circuit Court for the District of Southern New York

Decided November 1, 1910PublishedCited by 13 opinions

John F. Ehrgott and others were indicted for violating the internal revenue law.' On demurrers to indictment.

1Opinion of the Court

HAND, District Judge.

The first question is of the indictment for the substantive offenses. The first count must be limited to a violation of section 2987, Rev. St. (U. S. Comp. St. 1901, p. 1959), and the second to section 9, Act June 10, 1890, c. 407, 26 Stat. 135 (U. S. Comp. St. 1901, p. 1895). The demurrer is to both counts.

In the first count the crime alleged consists of fraudulently removing warehoused merchandise from a public warehouse. The count alleges by way of inducement that the beans had been deposited in Brooklyn in warehouse under bond, and then alleges that on a given day the…

2Cases cited4 opinions

  1. Caha v. United StatesSupreme Court of the United States · 1894
  2. United States v. EatonSupreme Court of the United States · 1892
  3. In Re KollockSupreme Court of the United States · 1897
  4. United States v. United Verde Copper Co.Supreme Court of the United States · 1905

3Cited by13 opinions

  1. Jelke v. United StatesCourt of Appeals for the Seventh Circuit · 1918
  2. Wilson v. United StatesCourt of Appeals for the Second Circuit · 1921
  3. Old Colony Trust Co. v. Lawyers' Title & Trust Co.Court of Appeals for the Second Circuit · 1924
  4. People v. OlsonCalifornia Court of Appeal · 1965
  5. Morrow v. United StatesCourt of Appeals for the Eighth Circuit · 1926

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