Legal Opinion

United States v. Moynihan

Court of Appeals for the Third Circuit

Decided July 7, 1919No. 2460PublishedCited by 11 opinions

In Error to the District Court of the United States for the District of New Jersey; J. Warren Davis, Judge. Edward Moynihan was convicted of violating Act Feb. 13, 1913, making it a crime to steal or unlawfully carry away or conceal, or by fraud or deceit obtain from any railroad car, etc., any goods or chattels moving as or which are a part of or which constitute an interstate or foreign shipment, and he brings error.

1Opinion of the Court

BUFFINGTON, Circuit Judge.

On September 6, 1918, the firm of John Dunlop’s Sons, at their place of business in New York city, delivered to the American Express Company a bale of silk for express carriage to their factory at Spring Valley, New York state. Spring Valley was a station of the Erie Railroad and no other railroad reached it. Having no other possible routing except by the Erie Railroad, and as that road could only be reached at its terminus in Jersey City, the express company routed the package over that road, and took it to its dumping station in New York City, preparatory to…

2Cases cited1 opinion

  1. United States v. Delaware, L. & W. R.U.S. Circuit Court for the District of Southern New York · 1907

3Cited by11 opinions

  1. United States v. CohenCourt of Appeals for the Third Circuit · 1921
  2. United States v. Eugene James AllegrucciCourt of Appeals for the Third Circuit · 1958
  3. The United States of America v. Max Benjamin Berger, Sheldon Polakoff, Morris SatzCourt of Appeals for the Second Circuit · 1964
  4. United States v. Felix PadillaCourt of Appeals for the Second Circuit · 1967
  5. United States v. Charles C. DilellaCourt of Appeals for the Seventh Circuit · 1965

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