UNITED STATES
v.
CRUSELL

U.S. | 1871-12-01
14 Wall. 1 Supreme Court of the United States (1871) Caution
Also reported at: 20 L. Ed. 821 · 1871 U.S. LEXIS 966 · SCDB 1871-131
Cited by 15 cases
Opinion of the Court
The CHIEF JUSTICE

The CHIEF JUSTICE delivered the opinion of the court.

Presuming that the officers of the government performed their, duty, there can. be no doubt that the quartermaster at Atlanta forwarded to the officer in charge of military railroad transportation the cotton of the claimant; and that this officer turned, over the cotton to the agent at Nashville, by whom it was forwarded to Cincinnati and sold by the supervising agent there. The presumption in this case is strengthened by the fact that heavy statutory penalties would be incurred by neglect of duty. There is nothing in the case to repel this presumption. If any evidence to this effect exists, it must be contained in the books of the Treasury Department, and these are under the control of the defendant.

We think, therefore, that the conclusion of the Court of Claims, that the proceeds of the 73 bales of cotton belonging to the claimant were paid into the treasury, and that the claimant was entitled to judgment, was right.

Judgment affirmed.

Dissent
Mr. Justice DAVIS, with whom concurred Mr. Justice SWAYNE and Mr. Justice MILLER,

Mr. Justice DAVIS, with whom concurred Mr. Justice SWAYNE and Mr. Justice MILLER,

dissenting.

In my opinion, the burden of proof in this case is on the claimant to show that the money which he seeks to obtain under the Captured and Abandoned Property Act has been paid into the treasury. The court, in its opinion, throws the burden of proof, on this point, on the United States, and on that account I am constrained to dissent from the judgment in the ease.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Savage v. State, 18 Fla. 909 (Fla. 1882)
  • Nixon v. The Honorable John J. Sirica, 487 F.2d 700 (D.C. Cir. 1973)
    …e notes 71-89 supra and accompanying text. . 345 U.S. at 11, 73 S.Ct. at 533 (emphasis added). . United States v. Chemical Foundation, Inc., 272 U.S. 1, 14-15, 47 S.Ct. 1, 71 L.Ed. 131 (1926); see United States v. Crusell, 81 U.S. (14 Wall.) 1, 4, 20 L.Ed. 821 (1872); of. NLRB v. Shawnee Industries, Inc., 333 F. 2d 221, 225 (10th Cir. 1964) ; United States v. Washington, 233 F. 2d 811, 816 (9th Cir. 1956). . United States v. Burr, 25 Fed.Cas. 187, 192 (No. 14,694) (Marshall, Circuit Justice, 1807). . U.…
  • United States v. Ross, 92 U.S. 281 (U.S. 1875)
    …e fact sought to be established by the dependent presumption. Douglas v. Mitchell, 85 Penn. St. 440. The Court of Claims thought the facts found by them entitled the claimant to the legal presumption- said by this court to exist in Crussell's Case, 14 Wall. 1; and therefore determined, as a conclusion of law, that the cotton taken from the claimant was a part of that transmitted to Nashville, and turned over to the treasury agent and sold. We think CrusselVs Case does not justify such a conclusion. Becau…

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