United States v. Erie Railway Co.
106 U.S. 327 (1882)

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U.S. Supreme Court

United States v. Erie Railway Co., 106 U.S. 327 (1882)

United States v. Erie Railway Company

Decided November 27, 1882

106 U.S. 327


During the period when sec. 122 of the Act of June 30, 1864, c. 173, as amended by the Act of July 13, 1866, c. 184, was in force, a railway company paid to alien nonresident holders of its bonds the entire interest due from time to time thereon. Held that the company, no claim Laving been made here against it for any penalty, is liable to the United states for five percent on the amount so paid, with interest thereon at the rate of six percent per annum.

This was an action to recover taxes alleged to be due to the plaintiff on certain interest coupons paid by the defendant in the years 1866, 1867, 1868, and 1869, on bonds previously issued by it, and also certain penalties alleged to be due the plaintiff for failure of the defendant to make returns of the amount of the taxes. It was tried in the District Court for the Southern District of New York upon an agreed statement of facts, of which the following are all that are deemed material to explain the question raised and decided. Prior to September 1, 1866, the defendant had issued sterling coupon bonds to the amount of

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