Attorney(s) appearing for the Case
Mr. Assistant Attorney General Parker for plaintiff in error.
Mr. Samuel Field Phillips, with whom was Mr. Frederic D. McKenney, for defendant in error.
Supreme Court of United States.
MR. JUSTICE BROWN delivered the opinion of the court.
Apparently in consequence of the decision of this court in Cary v. Curtis, 3 How. 236, to the effect that under the act of March 3, 1839, an action for money had and received would not lie against a collector of customs for duties paid under protest, Congress on February 26, 1845, enacted (5 Stat. 727) that nothing contained in the act of 1839 should be construed to take away or impair the right of...
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