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Jones, Ex'x, Etc. v. Van Benthuysen

JONES, Executrix, v. VAN BENTHUYSEN

Jones, Ex'x, Etc. v. Van Benthuysen, 115 U.S. 464 (1885)
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Court
Supreme Court of the United States
Decided
November 23, 1885
Docket
No. 68
Judges
Waite
Citations
115 U.S. 4646 S. Ct. 12829 L. Ed. 4461885 U.S. LEXIS 1856
Summary
IN error to the circuit court oe the united states eor the EASTERN DISTRICT OE LOUISIANA. The facts are stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Waite

Mr. Ohiee Justice Waite delivered the opinion of the court. This was a suit brought by Yan Benthuysen, the defendant in error, a commission merchant engaged in the sale of manufactured tobacco, to recover back from Stockdále, a collector of internal revenue, certain taxes paid under protest, on the amount of sales of tobacco in a bonded warehouse. The sole controversy is about the liability of the merchant to pay taxes upon the amount of revenue stamps affixed to the tobacco at the time of its' removal from the warehouse. The case was' here at the October Term, 1880, and is reported in 103 U. S.

87.

We then decided that he was “ not liable to be taxed for the revenue stamps Required to be affixed to the tobacco before the removal thereof from a bonded warehouse, unless they were at the time of such sales so affixed, whereby they entered into the value of the tobacco and formed a part of the price thereof.” Under this ruling the judgment of the court below was reversed, and the cause sent back for a new trial. The present writ of error was brought for a review of the judgment upon the second trial. The bill of exceptions shows that the charge to the jury was almost in the exact language of the opinion of this'court construing the law on which the rights of the parties depend, and it covered the whole case.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1939: 219392026peak 1939 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Jones v. Van Benthuysen, 103 U.S. 87 (1881) 6

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