Maxwell's Executors v. Wilkinson
Supreme Court of the United States
■ IN ERROR TO THE CIRCUIT COIJRT OE THE UNITED STATES EOE THE SOUTHERN DISTRICT OE NEW YORK. This is a writ of error by the executors of a former collector of the port of New York to reversé a judgment in an action brought against him by the defendants in error on January 11, 1855, to recover back the amount of duties paid by them on imported iron on October 23,1852. Upon a trial of that action on December 16, 1856, a verdict was taken for the plaintiffs by consent, subject…
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■ IN ERROR TO THE CIRCUIT COIJRT OE THE UNITED STATES EOE THE SOUTHERN DISTRICT OE NEW YORK. This is a writ of error by the executors of a former collector of the port of New York to reversé a judgment in an action brought against him by the defendants in error on January 11, 1855, to recover back the amount of duties paid by them on imported iron on October 23,1852. Upon a trial of that action on December 16, 1856, a verdict was taken for the plaintiffs by consent, subject to the opinion of the court upon a case to be made. On March 30,1883, the plaintiffs moved to set aside that verdict,…
1Opinion of the CourtJustice Gray
He recited the facts in the foregoing language, and continued :
The witness, according to his own'testimony, had no recollection, either independently of the memoranda, or assisted' by them, that he had filed a protest with the collector; did not know when he made the memorandum in pencil; made the memorandum in ink twenty months after the transaction, from the memorandum in pencil, and probably other memoranda, since destroyed and not produced, nor their contents proved; and his testimony that he did file the protest was based exclusively .upon his having signed a statement to that effect…
2Cases cited8 opinions
- Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
- Nicholls v. WebbSupreme Court of the United States · 1823
- Insurance Companies v. WeidesSupreme Court of the United States · 1872
- Halsey v. . SinsebaughNew York Court of Appeals · 1857
- Insurance Company v. WeideSupreme Court of the United States · 1870
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3Cited by19 opinions
- Putnam v. United StatesSupreme Court of the United States · 1896
- United States v. RiccardiCourt of Appeals for the Third Circuit · 1949
- Bates v. PrebleSupreme Court of the United States · 1894
- Sage v. StateIndiana Supreme Court · 1891
- Grunberg v. United StatesCourt of Appeals for the First Circuit · 1906
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