United States v. Auffmordt
District Court, S.D. New York
The above suit was brought in personam to recover $321,519.29, the value of a large quantity of silk ribbons imported" from Switzerland into the port of New York, during the years 1879, 1880, 1881, and 1882, and entered in the custom-house by the defendants, as it is alleged, by means of fraudulent undervaluations in the invoices as to the market value of the goods. The importations and entries are 91 in number.
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The above suit was brought in personam to recover $321,519.29, the value of a large quantity of silk ribbons imported" from Switzerland into the port of New York, during the years 1879, 1880, 1881, and 1882, and entered in the custom-house by the defendants, as it is alleged, by means of fraudulent undervaluations in the invoices as to the market value of the goods. The importations and entries are 91 in number. The declaration alleges that the value of such goods, by reason of such fraudulent undervaluations, became forfeited to the United States under sections 2864 and 2839, Rev. St. None…
1Opinion of the CourtBrown, J.
The claim of the plaintiff in this case is founded upon alleged fraudulent undervaluations of imported goods consigned to the defendants for sale by the manufacturers in Europe. Such frauds fall clearly within the provisions of section 12 of the act of June 22, 1874, which, for convenience sake, I shall call the moiety act. They also fall equally clearly within section 1 of the act of March 3, 1863, and section 2864, Bev. St., if the forfeitures of value provided by those sections are still in force. The latter prescribe a “forfeiture of the merchandise, or the value thereof; ” and this suit…
2Cases cited19 opinions
- United States v. TynenSupreme Court of the United States · 1871
- Murdock v. City of MemphisSupreme Court of the United States · 1875
- Cook County National Bank v. United StatesSupreme Court of the United States · 1883
- United States v. ClaflinSupreme Court of the United States · 1878
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
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3Cited by4 opinions
- Royston v. MillerU.S. Circuit Court for the District of Nevada · 1896
- National Atlas Elevator Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1938
- United States v. KuentslerU.S. Circuit Court for the District of Southern New York · 1896
- United States v. GanttDistrict Court, E.D. South Carolina · 1947