◆ SpookStack

12 Funk vs. United States. Fed. 213); nor, as plainly appears, was the real point as it is here involved presented in this court. The matter was disposed of as one ‘‘hardly requiring mention.’’ Evidently the point most in the mind of the court was the distinction relied upon, and not the basic rule which was not contested. Both the Hendriz and Jin Fuey Moy cases are out of harmony with the Rosen and Benson cases and with the views which we have here expressed. In respect of the question here under review, both are now overruled. Judgment reversed, Mr. Justice Carpozo concurs in the result. Mr. Justice McReyrxoups and Mr. Justice BurLer are of opinion that the judgment of the court below is right and should be affirmed. A true copy. Test: Clerk, Supreme Court, U. 8.