Gulbenkian v. United States
District Court, S.D. New York
At Raw. Proceedings to recover excessive duties, being an action or proceeding under the so-called Tucker act (Act March 3, 1887), conferring concurrent jurisdiction with the Court of Claims on the Circuit Court of the United States in certain cases.
1Opinion of the Court
RAY, District Judge.
The petition was filed on or about July 20, 1908, and the claimants seek to recover $8,755.47, the amount of alleged illegal duties assessed by the United States on certain importations of wools by reason of an alleged improper and illegal mode of invoicing forced on the claimants, and paid by them between November 9, 1904, and January 14, 1905. Claimants base their alleged right of action on an implied promise to repay the excess duties.
For eight or more years prior to September 28, 1903, the claimants had imported wool into the United States from Bagda'd, Turkey, Ottoman…
2Cases cited10 opinions
- Nelson J. Elliott v. Samuel SwartwoutSupreme Court of the United States · 1836
- Little v. BowersSupreme Court of the United States · 1890
- Railroad Co. v. CommissionersSupreme Court of the United States · 1879
- Radich v. HutchinsSupreme Court of the United States · 1877
- Chesebrough v. United StatesSupreme Court of the United States · 1904
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3Cited by2 opinions
- Carr v. City of MemphisCourt of Appeals for the Sixth Circuit · 1927
- Moses v. ReadCourt of Appeals for the Third Circuit · 1933