Nix v. Hedden
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, brought February 4, 1887, against the collector of the port of New York, to recover back duties, paid under protest, on tomatoes imported by the plaintiff from the West Indies in the spring of 1886, which the collector assessed under “ Schedule G. — Provisions,” of the Tariff Act of March 3, 1883, c. 121, imposing a duty on “Vegetables, in their natural state, or in…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was an action, brought February 4, 1887, against the collector of the port of New York, to recover back duties, paid under protest, on tomatoes imported by the plaintiff from the West Indies in the spring of 1886, which the collector assessed under “ Schedule G. — Provisions,” of the Tariff Act of March 3, 1883, c. 121, imposing a duty on “Vegetables, in their natural state, or in salt or brine, not specially enumerated" or provided for in this act, ten per centum ad valorem ” • and which the…
1Opinion of the CourtJustice G-eay
The single question in this case is whether tomatoes, considered as provisions, are to be classed as “ vegetables ” or as “fruit,” within the meaning of the.Tariff Act of-1883.
The only witnesses called' at the trial testified that neither “vegetables” nor “fruit” had any special-meaning in trade or commerce, different from that given in the dictionaries; and that they had the same meaning in trade to-day that they had in March, 1883.
The passages cited from the dictionaries define the word “ fruit' ” as the seed of plants, or that part of plants which contains the seed, and especially the…
2Cases cited3 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Jones v. United StatesSupreme Court of the United States · 1890
- Robertson v. SalomonSupreme Court of the United States · 1889
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