Legal Opinion

Vaccari v. Maxwell

U.S. Circuit Court for the District of Southern New York

Decided November 30, 1855PublishedCited by 3 opinions

This was an action against [Hugh Maxwell] the collector of the port of New York, to recover back an excess of duties and a penalty. The jury found a verdict for the plaintiff [Joseph Vaccari], subject to the opinion of the court on a case.

1Opinion of the Court

BETTS, District Judge.

The plaintiff imported a shipment of lemons from Sardinia, and entered them at this port as embarked at San Remo. The cargo was laden on board at that port, and bills of lading were there signed. The invoice was dated at Genoa, where the vessel lay at the time, and stated the value of the lemons per box free on board at San Remo, adding two per cent, commissions to the amount. The latter port is seventy miles distant from the former, and on the track of vessels to New York, and is one of the principal, and, on the proofs given in this case, the chief market of the…

2Cases cited3 opinions

  1. People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Town of Plymouth v. PainterSupreme Court of Connecticut · 1846
  3. Bryan v. WaltonSupreme Court of Georgia · 1853

3Cited by3 opinions

  1. United States v. Heffernan Paper Co.Court of Customs and Patent Appeals · 1926
  2. People Ex Rel. Barrett v. FinneganIllinois Supreme Court · 1941
  3. Waterman v. Chicago & Iowa RailroadIllinois Supreme Court · 1892

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