United States v. Eight Boxes Containing Various Articles of Miscellaneous Merchandise

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from an order entered in the above suit brought by the government to forfeit certain merchandise imported by Marcel Rochas, Inc., because it was smuggled into the United States in violation of Section 593 of the Tariff Act of 1930. After the unlawful importation Marcel Rochas, Inc., became a bankrupt. The trustee in bankruptcy thereupon sought to intervene as claimant of the goods, to open the default which the bankrupt had suffered and to establish his claim as an owner or as one having a right of possession. His application was denied in the…