Liverpool, New York & Philadelphia Steamship Co. v. Commissioners of Emigration

Syllabus

<p>In an action of indebitatus assumpsit, to recover money alleged to have been • illegally exacted, a declaration, which avers the fact of indebtedness, and a promise in consideration thereof, is sufficient on general demurrer, unless it appears that the alleged indebtedness was impossible in law.</p> <p>To such a declaration, treated as a complaint aeeordmgtothe New York Code, an answer was filed,-setting up, as a defence, an act of Congress to legalize the collection of head moneys already paid, approved June 19,1878. The Circuit Court refused to hear evidence in support of the plaintiff’s case, and gave judgment, on the pleadings, in favor of the defendant.</p> <p>Held, That this was error, because'it did not appear from the record that the money sued for was within the description of the act of Congress.</p>