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UNITED STATES v. CITY OF NEW YORK

No. 220.

82 F.2d 242 (1936)

UNITED STATES v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

February 10, 1936.

Attorney(s) appearing for the Case

Paul Windels, Corp. Counsel, of New York City (Paxton Blair, Matthew J. Troy, and Leonard M. Wallstein, Jr., all of New York City, of counsel), for appellant.

Lamar Hardy, U. S. Atty., of New York City (Walter H. Schulman, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

On June 18, 1931, police officers of the city of New York, who had arrested a man named Arthur Flegenheimer, took from the person of the prisoner the sum of $18,600 in currency. Concededly the money was his. It was deposited for safekeeping with the property clerk of the police department. Five days later an assessment for 1930 income taxes in an amount much greater than $18,600 was duly made against Flegenheimer, and a lien upon all his property...

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