Schell's Executors v. Fauché
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a consolidation of six actions originally begun between September 1, 1857, and March 1, 1860, in the state courts of New York, and removed to the Circuit Court of the United States.
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ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a consolidation of six actions originally begun between September 1, 1857, and March 1, 1860, in the state courts of New York, and removed to the Circuit Court of the United States. The actions were brought against the collector of customs for the port of New York to recover back duties alleged to have been illegally exacted upon certain importations of mousselines de laine made by the copartnership of which the defendants in error are the survivors. The consolidated suit was tried in October,…
1Opinion of the CourtJustice Brown
Apparently in consequence of the decision of this court in Cary v. Curtis, 3 How. 236, to the effect that under the act of March 3, 1839, an action for money had and received would not lie against a collector of customs for duties paid under protest, Congress on February 26, 1845, enacted (5 Stat. 727) that nothing contained in the act of 1839 should be construed to take away or impair the right of any person who may have paid duties under protest, to maintain an action at law against a collector to ascertain the legality of such payment ; “ nor shall any action be maintained against any…
2Cases cited12 opinions
- Cary v. CurtisSupreme Court of the United States · 1845
- Stuart v. LairdSupreme Court of the United States · 1803
- Edward's Lessee v. DarbySupreme Court of the United States · 1827
- Arthur v. MorganSupreme Court of the United States · 1884
- Hahn v. United StatesSupreme Court of the United States · 1883
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- Mattel, Inc. v. United StatesUnited States Customs Court · 1974
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