Legal Opinion

United States v. One Trunk

District Court, S.D. New York

Decided November 18, 1909PublishedCited by 4 opinions

In Rem. On proceedings for forfeiture of imported goods. The ground of forfeiture is the provision in section 9, Customs Administrative Act of 1890, for the imposition of that penalty where any person shall “attempt to make any entry of imported merchandise by means of any fraudulent or false invoice, affidavit, letter, paper, or by means of any false statement, written or verbal, or by means of any false or fraudulent practice or appliance whatsoever.”

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In Rem. On proceedings for forfeiture of imported goods. The ground of forfeiture is the provision in section 9, Customs Administrative Act of 1890, for the imposition of that penalty where any person shall “attempt to make any entry of imported merchandise by means of any fraudulent or false invoice, affidavit, letter, paper, or by means of any false statement, written or verbal, or by means of any false or fraudulent practice or appliance whatsoever.” The statutes referred to in the opinion herein read as follows, so far as pertinent: “Sec. 2799. In order to ascertain what articles ought to…

1Opinion of the CourtHand, District Judge

(after stating the facts as above). In U. S. v. One Trunk (McNally, Claimant), 171 Fed. 772, I held that to take out a fraudulent invoice and change one’s mind before using it was not to “attempt to enter” imported merchandise. Considered as imported merchandise subject to section 4 of the Customs Administrative Act, J must consistently hold that there was no ground of forfeiture, because the claimant did not use the fraudulent invoice to enter the goods under section 4.

The question remains whether she was required to enter the trunk as baggage under- section 2799. I find as fact—both sides…

2Cases cited5 opinions

  1. One Pearl Chain v. United StatesCourt of Appeals for the Second Circuit · 1903
  2. United States v. One Pearl NecklaceCourt of Appeals for the Second Circuit · 1901
  3. United States v. 218½ Carats Loose EmeraldsDistrict Court, S.D. New York · 1907
  4. United States v. One TrunkDistrict Court, S.D. New York · 1909
  5. United States v. One Purple Cloth CostumeDistrict Court, S.D. New York · 1907

3Cited by4 opinions

  1. Barney v. MaySupreme Court of Minnesota · 1917
  2. United States v. One Blue Taffeta Evening CoatDistrict Court, S.D. New York · 1917
  3. Pagliuca v. American Export Lines, Inc.City of New York Municipal Court · 1950
  4. United States v. A Lot of Silk Goods & Other MerchandiseDistrict Court, D. Hawaii · 1912

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