Legal Opinion

Seeberger v. Wright & Lawther Oil & Lead Manufacturing Co.

Supreme Court of the United States

Decided March 18, 1895No. 219PublishedCited by 14 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was an action against the collector of customs for the port and district of Chicago, to recover certain duties paid under protest, upon an importation of flaxseed, which contained four per cent of impurities. The only question in the case was whether the importers were entitled to an allowance from the gross weight of the goods, of a percentage for impurities.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was an action against the collector of customs for the port and district of Chicago, to recover certain duties paid under protest, upon an importation of flaxseed, which contained four per cent of impurities. The only question in the case was whether the importers were entitled to an allowance from the gross weight of the goods, of a percentage for impurities. The case was tried without a jury under a stipulation, and the following facts found by the court: “ Plaintiff imported a quantity of flaxseed…

1Opinion of the CourtJustice Beown

By Kev. Stat. § 2898 : “ In estimating the allowance for tare on all chests, boxes, cases, casks, bags, or other envelope or covering of all articles imported liable to pay any duty, where the original invoice is produced at the time of making entry thereof, and the tare shall be specified therein, the collector, if he sees fit, or the collector and naval officer, if any, if they see fit, may, with the consent of the consignees, estimate the tare according to such invoice ; but in all other cases the real tare shall be allowed, . . . but in no case shall there be any allowance for draught.”

Thi…

2Cases cited2 opinions

  1. Marriott v. BruneSupreme Court of the United States · 1850
  2. Earnshaw v. CadwaladerSupreme Court of the United States · 1892

3Cited by14 opinions

  1. United States v. G. Falk & BrotherSupreme Court of the United States · 1907
  2. Consolidated Elevator Co. v. United StatesCourt of Customs and Patent Appeals · 1918
  3. Shallus v. United StatesCourt of Customs and Patent Appeals · 1911
  4. United States v. Baker Castor Oil Co.Court of Customs and Patent Appeals · 1911
  5. American Cigar Co. v. United StatesCourt of Appeals for the Second Circuit · 1906

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