Legal Opinion
United States v. One OX-5 American Eagle Airplane
District Court, W.D. Washington
Decided February 4, 1930No. 12903PublishedCited by 5 opinions
1Opinion of the CourtNeterer, District Judge
(after stating the facts as above).
It is insisted that the libel is lacking in substance, in that it does not allege that the airplane was in the custody of the collector of customs, but, rather says, in his possession.
Custody, as distinguished from legal possession, may be said to be a charge to keep subject to order or direction. Cutter v. Howe, 122 Mass. 541, 543 ; People v. Burr, 41 How. Prac. (N. Y.) 293, 296. While the terms “custody” and “possession” are not convertible, temporary custody does not constitute possession, it is a qualified possession, and, by the charge of possession in…
2Cases cited14 opinions
- United States v. One Ford Coupe AutomobileSupreme Court of the United States · 1926
- The UnderwriterCourt of Appeals for the Second Circuit · 1926
- Ghisolfo v. United StatesCourt of Appeals for the Ninth Circuit · 1926
- United States v. HydesDistrict Court, W.D. Washington · 1920
- Cutter v. HoweMassachusetts Supreme Judicial Court · 1877
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3Cited by5 opinions
- Manuel Mercado v. The U.S. Customs Service, the Commissioner of Customs, the Secretary of the Treasury, the Drug Enforcement Administration, the Attorney General of the United States, the Internal Revenue Service and the United States of America, United States of America, Third-Party-Plaintiff-Appellee v. United States Currency in the Amount of $181,590.00 (One Hundred Eighty One Thousand, Five Hundred and Ninety Dollars, More or Less, Third-Party-Defendant. And Appeal of Manuel Mercado, Claimant-Appellant. Appeal of Zane and RudofskyCourt of Appeals for the Second Circuit · 1989
- Mercado v. U.S. Customs ServiceCourt of Appeals for the Second Circuit · 1989
- Utah Liquor Control Commission v. WoorasUtah Supreme Court · 1939
- National Fire Ins. Co. v. DavisCourt of Appeals of Texas · 1944
- United States v. Five Hundred Eleven Thousand Seven Hundred Eighty DollarsDistrict Court, M.D. Alabama · 1994