Berbecker v. Robertson
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was an action to recover duties paid under protest upon importations of nails, described in the bill of particulars as “upholstering nails,” between September 21, 1883, and January 22, 1884. Schedule 0 of the act of March 3, 1883, c. 121, contained the following provisions, 22 Stat. 488, 498, 501: “Horse-shoe nails, hob nails, and wire nails, and all other wrought iron or steel nails,…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was an action to recover duties paid under protest upon importations of nails, described in the bill of particulars as “upholstering nails,” between September 21, 1883, and January 22, 1884. Schedule 0 of the act of March 3, 1883, c. 121, contained the following provisions, 22 Stat. 488, 498, 501: “Horse-shoe nails, hob nails, and wire nails, and all other wrought iron or steel nails, not specially enumerated or provided for in this act, four cents per pound.” “ Britannia ware, and plated and gilt…
1Opinion of the CourtChief Justice Fuller
Upon this record, it is apparent that these‘nails did not fall within the first of the three paragraphs, as they are referred to in the evidence as made of sheet brass. Counsel produced in argument some nails with wrought iron shanks and brass heads, which he claimed were the same as those in question, but they were not before us as exhibits, and, moreover, appeared to be in the nature of brass ornamentation.
Nor did the nails come, within the second of the paragraphs, “ Britannia ware, and plated and gilt articles and wares of all kinds,” unless the principle of commercial designation could…
2Cited by11 opinions
- Patton v. United StatesSupreme Court of the United States · 1895
- Fink v. United StatesSupreme Court of the United States · 1898
- Acker v. United StatesCourt of Customs and Patent Appeals · 1911
- United States v. Kwong Yuen ShingCourt of Customs and Patent Appeals · 1910
- United States v. NordlingerCourt of Appeals for the Second Circuit · 1903
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