United States v. Mora
Supreme Court of the United States
ERROR-to the Circuit Court of the United States for the Southern District of New York. This is a suit by the United States on a bond dated and executed March 4,1863, exacted by the collector of the port of New York, as a condition precedent to granting a clearance to the vessel “ Sarah Marsh,” laden with a cargo of merchandise, bound to the port of -Matamoras, in Mexico.
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ERROR-to the Circuit Court of the United States for the Southern District of New York. This is a suit by the United States on a bond dated and executed March 4,1863, exacted by the collector of the port of New York, as a condition precedent to granting a clearance to the vessel “ Sarah Marsh,” laden with a cargo of merchandise, bound to the port of -Matamoras, in Mexico. To support the issues on its part, the plaintiff proved that on the twenty-third day of May, 1862, the then Secretary of the Treasury had instructed the then collector of customs at the port of New York as follows: —…
1Opinion of the CourtJustice Bradley
We think the judgment in this case should be reversed. The objection that the bond does not correspond with the form prescribed by the second section of the act of May 20, 1862 (12 Stat. 404), does not meet the case. It is supported by the third section, if not by the second, in connection with the treasury circular issued under it May 23, 1862.
To understand the force of the objection and the answer to it, it is necessary to look at the general scope of the act.
The first section authorized the Secretary of the Treasury to refuse a clearance to any vessel or other vehicle laden with goods…
2Cases cited2 opinions
- United States v. HodsonSupreme Court of the United States · 1870
- The United States, in Error v. Phineas Bradley, Surviving Administrator of David Ott DeceasedSupreme Court of the United States · 1836
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- Eagle Indemnity Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1927
- Montgomery County v. Phoenix InsuranceCourt of Appeals of Maryland · 1963
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