George Hutchins Bingham
How Judge Bingham rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Bingham no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Bingham
George Hutchins Bingham was a judge of the United States Court of Appeals for the First Circuit. Appointed by President Woodrow Wilson, Judge Bingham received a commission on June 5, 1913. Judge Bingham assumed senior status on March 23, 1939 and served until death on September 25, 1949.
How Judge Bingham decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Goldman v. Cohen, he upheld a bankruptcy trustee's recovery of preferential payments from accommodation indorsers who benefited from the payments and knew they would effect preferences, even though the payments went directly to noteholders.
“They were accommodation indorsers on the notes, and must have paid them, if Sternburg did not, and were the parties to be benefited by the payments, whether they were creditors or not.”
In Smith v. Wilkinson, he affirmed dismissal of a copyright suit because the defendant was an innocent infringer before actual notice, stopped using the copyrighted material after notice, and faced neither damages for the earlier use nor a need for an injunction.
“This defendant, upon actual notice of the copyright, ceased infringing.”
Procedural preferences
In Iturrino v. United States, he affirmed a conviction because the appellate record omitted the search warrant and jury instructions needed to assess the defendant's claims of trial error.
“Without the search warrant and the return thereon, it cannot be determined whether the warrant was properly issued and served”
In Yglesias & Co. v. Eneglotaria Medicine Co., he dismissed a bankruptcy appeal for lack of jurisdiction because the record reached the appellate court more than three months after the orders, beyond the thirty-day period for seeking leave to appeal.
“an application to this court under that section must be made within thirty days from the entry of the order sought to be reviewed”
Cautions
In American Woolen Co. v. Stewart, Bingham reversed the judgment and set aside the verdict after finding that the trial court’s jury instruction erroneously applied comparative negligence.
“This instruction is manifestly erroneous. It is a statement of the doctrine of comparative negligence”
In Lougee v. Commissioner, Bingham affirmed the Board of Tax Appeals’ finding that a disputed payment was taxable compensation rather than a gift after finding sufficient record support.
“We have carefully examined it, and are of the opinion that it was sufficient to sustain the finding of the Board.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The decree of the Supreme Court of Porto Rico is affirmed^ with costs to the appellees.”
“The judgment of the District Court of the United States for Porto Rico is vacated, and the case is remanded to that court, with directions to dismiss the same for want of jurisdiction; the defendants in error to recover their costs in this court.”
“The judgment of the United States District Court for Porto Rico is vacated, and the case is remanded to that court, with directions to dismiss the same for want of jurisdiction; the plaintiff in error to recover its costs in this court.”
“The decree of the District Court as to the above claims of ’Maria B. Shepard and Gerald J. D’Arcy is vacated. In other respects it is affirmed, and the case is remanded to that court for further proceedings not inconsistent with this opinion.”
“The, decree of the District Court is affirmed; the appellee to recover its costs in this court.”
“The decree of the District Court is affirmed, with costs to the appellee.”
“The judgment of the District Court is reversed, the verdict is set aside, and the case is- remanded to that court for further proceedings not inconsistent with this opinion; and the plaintiff in error recover? its costs in this court.”
“The decree of the District Court is affirmed; the appellee to recover his costs in this court.”
“The decree of the District Court is affirmed, with costs to the ap-pellee.”
“The judgment of the District Court is affirmed, and the defendant in error recovers its costs in this court.”
“The decree of the District Court is affirmed.”
“The judgment of the District Court is affirmed, with costs to the defendant in error.”
A historical record
Judge Bingham no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.