Legal Opinion

United States v. Oceanic Steam Navigation Co.

Court of Appeals for the Second Circuit

Decided February 11, 1914No. 133PublishedCited by 4 opinions

In Error to the District Court of the United States for the Southern District of New York. Action by the United States against the Oceanic Steam Navigation Company. Judgment for defendant, and the United States brings error.

1Opinion of the Court

COXE, Circuit Judge.

The District Court sustained a demurrer to the complaint which alleges that the plaintiff had paid the defendant $41 for transporting an alien, ordered to be deported/ from New York to Naples. Judgment is demanded for this amount and interest. The alien arrived at New York September 11, 1908, and on the 20th of February, 1912, he was tendered to the chief officer of the Adriatic, one of defendant’s steamships, who declined to receive him unless his passage was paid in advance. It was so paid and the plaintiff now seeks to recover it.

On February 20, 1912, three years and…

2Cases cited1 opinion

  1. International Mercantile Marine Co. v. United StatesCourt of Appeals for the Second Circuit · 1912

3Cited by4 opinions

  1. Hughes v. TropelloCourt of Appeals for the Third Circuit · 1924
  2. Lauria v. United StatesCourt of Appeals for the Second Circuit · 1921
  3. United States ex rel. David v. TodCourt of Appeals for the Second Circuit · 1923
  4. Chew v. ConnellCourt of Appeals for the Ninth Circuit · 1916

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