Seeberger v. Castro
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The defendant in error (plaintiff below) sued to recover duties which, he claimed, had been illegally exacted on certain importations of tobacco. The case, by stipulation, was submitted without the intervention of a jury.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The defendant in error (plaintiff below) sued to recover duties which, he claimed, had been illegally exacted on certain importations of tobacco. The case, by stipulation, was submitted without the intervention of a jury. The court found the facts to be as follows: The Rayner & Baxter Cigar Company imported the tobacco in question, which consisted of “ clippings from the ends of cigars and pieces broken from the tobacco of which cigars are manufactured in the process of such manufacture, the said clippings…
1Opinion of the Court
Mr. Justice White,
after stating the case, delivered the' opinion of the court.
That a stranger, suing solely on an assignment of a claim from those who did not see fit to prosecute it themselves, cannot recover duties averred to have been illegally assessed, is settled by Hager v. Swayne, 149 U. S. 242. That case, however, has no application to the present one because the facts of the two are different. Indeed, in Hager v. Swayne, reference was made to this case as then reported, 40 Fed. Rep. 531, and we said: “Castro had purchased the merchandise of. the importer while it was in bond, and…
2Cases cited3 opinions
- Lawrence v. AllenSupreme Court of the United States · 1849
- Hager v. SwayneSupreme Court of the United States · 1893
- Holden v. ClancyNew York Supreme Court · 1871
3Cited by31 opinions
- Latimer v. United StatesSupreme Court of the United States · 1912
- Ishimitsu v. United StatesCourt of Customs and Patent Appeals · 1921
- Patton v. United StatesSupreme Court of the United States · 1895
- Union Wire Rope Corporation v. Atchison, T. & SF Ry. Co.Court of Appeals for the Eighth Circuit · 1933
- Harley Co. v. United StatesCourt of Customs and Patent Appeals · 1926
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