Bidwell v. Preston
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This case arose out of an action brought by Gustavo Preston against Geo. R. Bidwell, formerly collector of customs at the port of New York. The opinion rendered in the court below is as follows: HOLT, District Judge.
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In Error to the Circuit Court of the United States for the Southern District of New York. This case arose out of an action brought by Gustavo Preston against Geo. R. Bidwell, formerly collector of customs at the port of New York. The opinion rendered in the court below is as follows: HOLT, District Judge. Judge Platt having decided in a precisely similar case that the plaintiff was entitled to recover interest on the duties exacted, and the Judgment on his decision having been paid by the government, orderly practice, in my opinion, requires that I follow that decision. It moreover seems to…
1Opinion of the Court
EACOMBE, Circuit Judge.
The facts in this case are very simple. On August i, 3899, the plaintiff paid the defendant, who was the collector at the port of New York, under protest, the sum of $4,843.32, to obtain possession of various goods brought from Porto Rico to New York. This exaction for customs duties was illegal; and in consequence of the subsequent judicial determination of that question, the government of the United States delivered to the plaintiff a draft for ■$4,843.32 on September 3,0, 1901. On that date the defendant in error claimed that the sum of $5,453.57 was due. This sum…
2Cases cited2 opinions
- Stewart v. BarnesSupreme Court of the United States · 1894
- Thomas v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1897
3Cited by2 opinions
- Bidwell v. George B. Douglas Trading Co.Court of Appeals for the Second Circuit · 1910
- Balfour & Koch Co. v. RanowAppellate Terms of the Supreme Court of New York · 1926