Hamilton Mfg. Co. v. Wilkinson

GEIGER, District Judge.

I shall give my reasons for the conclusion that the plaintiff must prevail. That the plaintiff suffered a loss on the Tubbs venture is not controverted; nor, when the elements making up the consideration paid by it are considered, can there be any doubt that, in 1909, when the transaction was consummated, and certainly in 1910, the plaintiff justifiably felt that it had sustained a loss, and attempted in good faith to then value what it had received upon the transaction, and thereby to assess its loss, or at least a part of it.

Now, considering the 1909 excise law, I am…