Legal Opinion

United States v. Hutchinson

District Court, D. Maine

Decided March 15, 1868PublishedCited by 4 opinions

Debt by the United States against [.lames H. Hutchinson] the master of an American vessel, to recover under section 24 of the act of 1799 a penalty for importing goods without a proper manifest, the penalty being equal to the value of the goods so imported. The action was tried upon the plea of nil debit, and a verdict was rendered for the United States. The defendant moved for a new trial for misdirection In matter of law.

1Opinion of the Court

FOX, District Judge.

This is an action of debt, brought to recover the value of certain goods, wares and merchandise, viz: 2.300 cigars, three demijohns of ruin, and two bottles of gin. brought into this port in the barque Sarah B. Hale from Cardenas, of which barque the defendant was master, the same not being on the manifest. The 24th section of the act of 1799, on which this action is founded, enacts that “if any goods, wares and merchandise, shall be imported or brought info the United States, in any ship or vessel whatever, belonging in the whole or in pari to a citizen or citizens,…

2Cases cited1 opinion

  1. State v. WeeksSupreme Judicial Court of Maine · 1849

3Cited by4 opinions

  1. United States v. BajakajianSupreme Court of the United States · 1998
  2. The Ivor HeathDistrict Court, E.D. Virginia · 1921
  3. The Iver HeathCourt of Appeals for the Fourth Circuit · 1923
  4. United States v. BajakajianSupreme Court of the United States · 1998

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