Legal Opinion

United States v. One Diamond Necklace

Court of Appeals for the Second Circuit

Decided June 2, 1920No. 174PublishedCited by 1 opinion

In Error to the District Court of the United States for the Southern District of New York. Libel by the United States against One Diamond Necklace, containing 57 stones. Judgment for claimant and libelant brings error.

1Opinion of the Court

WARD, Circuit Judge.

This is a libel of information for forfeiture of a diamond necklace, of the value of $5,600 or thereabouts, first, under section 2802, Rev. Stat. (Comp. St. § 5499); second, under section 3, subdivisions H and T, of the Tariff Act of October 3, 1913 (Comp. St. §§ 5526, 5791). Two claimants appeared, viz. Madame de Ocon and Madame de Yglesias. A trial by jury was waived in writing, and the issues of fact and law submitted to the court, who entered a general judgment dismissing the libel and awarding the necklace to the claimant Ocon. The government took this writ of error.

Ma…

2Cases cited1 opinion

  1. Joline v. Metropolitan Securities Co.U.S. Circuit Court for the District of Southern New York · 1908

3Cited by1 opinion

  1. Compania Transcontinental De Petroleo v. Mexican Gulf Oil Co.Court of Appeals for the Second Circuit · 1923

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