Legal Opinion

United States v. Nine Barrels of Butter

District Court, S.D. New York

Decided April 9, 1917PublishedCited by 4 opinions

At Law. Action by the United States for the condemnation and destruction of nine barrels of butter claimed by the New York Butter Packing Company. This is an action at law for the destruction of nine barrels of No. 2 grade packing butter shipped from Nashville, Tenn., to New York, and consigned to the claimant, New York Butter Packing Company. The butter' was packed in nine barrels, stout and double-beaded, except two, which were covered on one end with burlap.

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At Law. Action by the United States for the condemnation and destruction of nine barrels of butter claimed by the New York Butter Packing Company. This is an action at law for the destruction of nine barrels of No. 2 grade packing butter shipped from Nashville, Tenn., to New York, and consigned to the claimant, New York Butter Packing Company. The butter' was packed in nine barrels, stout and double-beaded, except two, which were covered on one end with burlap. When examined in New York, they disclosed the presence in substantial quantity of dirt, feathers, paper, aniline dyes, iwhich ran…

1Opinion of the CourtLearned Hand, District Judge

(after stating the facts as above). The first point of the claimant is met and answered by the case of Hipolite Egg Co. v. United States, 220 U. S. 45, 31 Sup. Ct. 364, 55 L. Ed. 364, and needs no other discussion. In that case the eggs had been shipped by Clark & Co. to themselves, and were in storage at the time in question. That case was stronger for the claimant than the case at bar.

The second point is in fact also decided by the same case, which was almost precisely like this' in that aspect. Doubts may arise, where goods are shipped in interstate commerce, which may or may not be…

2Cases cited1 opinion

  1. Hipolite Egg Co. v. United StatesSupreme Court of the United States · 1911

3Cited by4 opinions

  1. Cloverleaf Butter Co. v. Patterson, Commissioner of Agriculture & IndustriesSupreme Court of the United States · 1942
  2. United States v. 24 Cans Containing ButterCourt of Appeals for the Fifth Circuit · 1945
  3. United States v. 893 One-Gallon CansDistrict Court, D. Delaware · 1942
  4. United States v. 426 Bags of Economy Special Hog FeedDistrict Court, W.D. Michigan · 1921

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