Derobert v. Stranahan
U.S. Circuit Court for the District of Southern New York
At Law. In November, 1902, Salin Ghazel & Co., of New York, ordered from H. Poulin-Latouche, of France, 150 gross of horn combs to be paid for in cash on delivery, the shipper to draw at sight. The bill of lading was to accompany the bill of exchange and to be delivered to Ghazel & Co. on payment.
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At Law. In November, 1902, Salin Ghazel & Co., of New York, ordered from H. Poulin-Latouche, of France, 150 gross of horn combs to be paid for in cash on delivery, the shipper to draw at sight. The bill of lading was to accompany the bill of exchange and to be delivered to Ghazel & Co. on payment. The goods were shipped to New York on “La Touraine,” of the French line, the hill of lading being taken in the name of Ghazel & Co. Poulin-Latouche drew a sight bill of exchange on Ghazel & Co., payable to the order of the plaintiff, a French broker, who discounted it and received as security for…
1Opinion of the CourtCoxe, Circuit Judge
(after stating the facts as above). The collector is an executive officer, his duties are ministerial. In the entry of merchandise and collection of. duty he follows the instruction of the written law. He has little discretionary power and no judicial power. He is not concerned with questions of the ownership of goods which come into his possession, he is not permitted to determine disputed questions of title. He looks to the statute as his guide and finds there a simple, effective and sensible rule which has, in substance, been the law for more than a century, namely, that the consignee…
2Cited by3 opinions
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- Lafontan v. EltingDistrict Court, S.D. New York · 1931
- Conklin v. NewtonDistrict Court, E.D. New York · 1928