Legal Opinion

Sherman v. Grinnell

Supreme Court of the United States

Decided April 4, 1892No. 245PublishedCited by 1 opinion

ERROR TO THE CITY COURT OF NEW YORK. The court stated the case as follows: This was au action brought by the executors of the. estate of Moses H. Grinnell, deceased, formerly collector of the port of New York, in the City Court of New York against Roger M. Sherman, to recover the sum of $1778.95 collected’ from the United States for plaintiffs’ testator by defendant as his attorney. ■An award by the Secretary of the Treasury in favor of Mr. Grinnell for the sum in question,…

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ERROR TO THE CITY COURT OF NEW YORK. The court stated the case as follows: This was au action brought by the executors of the. estate of Moses H. Grinnell, deceased, formerly collector of the port of New York, in the City Court of New York against Roger M. Sherman, to recover the sum of $1778.95 collected’ from the United States for plaintiffs’ testator by defendant as his attorney. ■An award by the Secretary of the Treasury in favor of Mr. Grinnell for the sum in question, made May 2,1885,.was offered in evidence on the trial, to which the defendant, objected on the ground that the…

1Opinion of the CourtChief Justice Fuller

There was no Federal question involved in the decision of the City Court that the defendant was estopped from showing that the moneys in question were paid out of the United States Treasury under a mistake of fact; that the Secretary' had vacated the award; or that no valid agency existed by force of the statutes ofi the. United States to collect and pay over these moneys.

The court did not pass upon the validity of any statute of or authority exercised under the United States, nor decide against any title, right, privilege or immunity specially set up or claimed by. the defendant for himself…

2Cases cited2 opinions

  1. New Orleans v. New Orleans Water Works Co.Supreme Court of the United States · 1891
  2. Hammond v. JohnstonSupreme Court of the United States · 1891

3Cited by1 opinion

  1. Sherman v. GrinnellSupreme Court of the United States · 1892

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