United States v. Kenworthy
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Eastern District of Pennsylvania. This was an action by the United States against John Ken worthy, surviving partner of T. Kenworthy & Bro., to recover duties. At the first trial the court directed a pro forma verdict for the government, reserving the right to carter judgment for the defendant after argument.
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In Error to the District Court of the United States for the Eastern District of Pennsylvania. This was an action by the United States against John Ken worthy, surviving partner of T. Kenworthy & Bro., to recover duties. At the first trial the court directed a pro forma verdict for the government, reserving the right to carter judgment for the defendant after argument. Upon argument, the court directed a new trial (59 Fed. 570), upon which a judgment was entered for the defendant. Plaintiff brings error.
1Opinion of the Court
ACHESON, Circuit Judge.
On June 19, 1884, T. Ken worthy & Bro. imported into the United States, at Philadelphia, by the steamship Plioenecian, from Glasgow, a lot of wool, 24,238 pounds. Schedule K of the tariff act of March 3, 1883 (22 Stat. 488, 508), under which this merchandise was dutiable, provides;
“Wools of the third class, the value whereof, at the last port or place whence exported to the United States, excluding charges in such port, shall be twelve cents or less per pound, two and a half cents per pound; wools of the same class, the value whereof, at the last port or place whence…
2Cases cited3 opinions
- Auffmordt v. HeddenSupreme Court of the United States · 1890
- Muser v. MagoneSupreme Court of the United States · 1894
- Hilton v. MerrittSupreme Court of the United States · 1884
3Cited by3 opinions
- United States v. HerrmanCourt of Appeals for the Second Circuit · 1898
- Vandiver v. United StatesCourt of Customs and Patent Appeals · 1915
- United States v. Brown-Adaska Co.District Court, D. Alaska · 1910