Henry Billings Brown

“ Under such circumstances, and in view of the apparent inability of the plaintiff to pay these costs, it was perfectly competent for the court to permit him to go on with the case, upon the assumption that, if he succeeded in obtaining a judgment, the right, if it had any, of defendant to such costs could be secured by deducting them from such judgment. The result of the trial having been again adverse to the defendant, it certainly has no right to complain of that which could work it no possible injury. ”

“ The affidavit, which was made by the sole managing agent of the defendant company, stated that, 'that ocean rate having risen, defendants collected the excess on the other side, and refused to account for it in any way to plaintiff, with whom they supposed they had no contract, and to whom they supposed they were under no liability.' Having been made in this same suit, and having been used by the defendant to obtain the order for leave to amend its answer, it was competent evidence in behalf of the plaintiff as an admission by the defendant that the facts stated in it were true. ”

“ Such judgment, it is true, had been reversed by this court, not by reason of any want of merits, however, but for the failure of that court to recognize a removal of the cause to the circuit court of the United States. ”