Legal Opinion

National Lead Co. v. United States

Supreme Court of the United States

Decided March 1, 1920No. 123PublishedCited by 183 opinions

APPEAL FROM THE COURT OF CLAIMS. The case is stated in the opinion. Levying, in express terms, a specific duty upon linseed by weight, the act further directly contemplates the payment of a specific drawback, for tfye reason that it directs (§ 22) that the amount of the imported materials contained in the exported article shall be ascertained, and a drawback equal in amount to the duties paid shall be allowed.

Read the full summary

APPEAL FROM THE COURT OF CLAIMS. The case is stated in the opinion. Levying, in express terms, a specific duty upon linseed by weight, the act further directly contemplates the payment of a specific drawback, for tfye reason that it directs (§ 22) that the amount of the imported materials contained in the exported article shall be ascertained, and a drawback equal in amount to the duties paid shall be allowed. In other words, it directs that the proper government officials estimate how much of the imported material is used in the exported article. The duty was levied on a certain “quantity”…

1Opinion of the CourtJustice Claeke

This is a suit to recover the difference between the amount' of drawback allowed by the Government to the appellant, a corporation, as an exporter of linseed-oil cake, and the amount to which it claims to be entitled under § 22 of the Act of Congress, effective August 27, 1894, c. 349, 28 Stat. 509, which reads as follows:

“That where imported materials on which duties have been paid are used in the manufacture of articles manufactured or produced in the United States, there shall be allowed on the exportation of such articles a drawback equal in amount to the duties paid on the materials…

2Cases cited7 opinions

  1. Edward's Lessee v. DarbySupreme Court of the United States · 1827
  2. United States v. Cerecedo Hermanos Y CompañiaSupreme Court of the United States · 1908
  3. United States v. PhilbrickSupreme Court of the United States · 1887
  4. United States v. BaileySupreme Court of the United States · 1835
  5. United States v. HillSupreme Court of the United States · 1887

2 more not listed; retrieve them via the Exa API.

3Cited by183 opinions

  1. United States v. AndersonSupreme Court of the United States · 1926
  2. Helvering v. HallockSupreme Court of the United States · 1940
  3. Brewster v. GageSupreme Court of the United States · 1930
  4. Old Colony Railroad v. CommissionerSupreme Court of the United States · 1932
  5. Poe v. SeabornSupreme Court of the United States · 1930

178 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API