United States v. Cutajar
District Court, S.D. New York
At Law. Action upon a bond executed by the defendants as principal and surety to the United States of America in the sum of $800, dated the 24th day of November, 1891, reciting that the principal in the bond had applied to the collector of customs for the port of New York to make entry of certain goods, wares and merchandise imported in the Eulda from Genoa, and reciting further that, “whereas it is temporarily impracticable for the said principal to produce a proper invoice…
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At Law. Action upon a bond executed by the defendants as principal and surety to the United States of America in the sum of $800, dated the 24th day of November, 1891, reciting that the principal in the bond had applied to the collector of customs for the port of New York to make entry of certain goods, wares and merchandise imported in the Eulda from Genoa, and reciting further that, “whereas it is temporarily impracticable for the said principal to produce a proper invoice thereof duly authenticated according to law, by reason whereof, and in pursuance of law, entry of the said goods,…
1Opinion of the Court
BROWN, District Judge.
I have examined, as far as I was able since last evening, the cases cited to me. I am satisfied that I cannot allow as damages any sum beyond the amount of duties and interest which the United States would lose by a failure to pr educe tbe invoices, wliere, as in a case like this, the proofs leave no question of what that loss is. If there had never been any invoice, or if the means by which the assessment of duties could be fixed and made certain had never come to hand, then, perhaps, the full penalty should be recovered, because the damage could not be shown to be less.
2Cited by5 opinions
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- State v. Vending Machine Corp.Supreme Court of Oklahoma · 1935
- United States v. ValensonaCourt of Appeals for the Fifth Circuit · 1894
- United States v. Monroe-Goldkamp Co.Court of Customs and Patent Appeals · 1927
- United States v. RandallCourt of Appeals for the Second Circuit · 1932