Legal Opinion

Rosenstein v. United States

U.S. Circuit Court for the District of Southern New York

Decided February 4, 1896No. 1,075PublishedCited by 3 opinions

TMs war, an appeal by Bosenstein Bros, from a decision of the board of general appraisers sustaining the action of the collector of the port of New York in respect to the classification for duty of certain imported merchandise.

1Opinion of the CourtCoxe, District Judge

(orally). The importers in this case imported a quantity of fish put up in kegs, which the collector assessed for duty under paragraph 295 of the tariff act of 1890. The importers protested insisting that the importations are “pickled Pei rings” under the preceding paragraph. The sole question before the court is one of fact. Tt is whether or not the articles in controversy are pickled herrings. I think there is a failure to show any trade meaning for these words. I do not understand that there is a unanimity of testimony, or, in fact, any testimony of which the court can predicate a finding…

2Cited by3 opinions

  1. Benson v. United StatesCourt of Customs and Patent Appeals · 1913
  2. Fung Chong v. United StatesUnited States Customs Court · 1943
  3. United States v. RosensteinU.S. Circuit Court for the District of Southern New York · 1898

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