United States v. Two Baskets
Court of Appeals for the Second Circuit
This cause comes here upon writ of error to review a final decree of the District Court, Southern District of New York, entered upon the verdict of a jury directed by the court dismissing a libel of information. The libel was filed against two baskets or hampers and their contents of merchandise, which the collector had seized upon their being landed from the Kaiser Wilhelm der Grosse at the port of New York.
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This cause comes here upon writ of error to review a final decree of the District Court, Southern District of New York, entered upon the verdict of a jury directed by the court dismissing a libel of information. The libel was filed against two baskets or hampers and their contents of merchandise, which the collector had seized upon their being landed from the Kaiser Wilhelm der Grosse at the port of New York. The baskets had been checked as baggage at Bremen by their owner, Blell, who came as a second cabin passenger.
1Opinion of the Court
LACOMBE, Circuit Judge.
This is a proceeding for a forfeiture of the merchandise contained in the two baskets, under sections 2802 and 2799, U. S. Rev. Statutes (U. S. Comp. St. 1901, pp. 1873, 1872); it being charged, and not denied, that Blell failed to enter the merchandise on his written declaration or to mention them to the customs officers.
[ 1 ] The excuse offered by him was that he did not know these baskets were on board; that he had checks for them as items of baggage, but supposed they were coming by a later steamer. Elsewhere in his testimony he made statements which were apparently…
2Cases cited1 opinion
- Reis v. RosenfeldCourt of Appeals for the Second Circuit · 1913
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- Deeter v. BurkIndiana Court of Appeals · 1914
- Tri-Bullion Smelting & Development Co. v. JacobsenCourt of Appeals for the Second Circuit · 1916
- La Crosse Plow Co. v. PagenstecherCourt of Appeals for the Eighth Circuit · 1918
- American Mercantile Corp. v. SpielbergCourt of Appeals for the Second Circuit · 1919
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