The Conqueror
Supreme Court of the United States
■CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOB THE SECOND CIRCUIT. This was a libel by Frederick W. Yanderbilt to recover possession of the steam yacht Conqueror, of which he was the owner, and which was alleged to be illegally detained by J. Sloat Fassett, then collector of customs for the District of New York.
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■CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOB THE SECOND CIRCUIT. This was a libel by Frederick W. Yanderbilt to recover possession of the steam yacht Conqueror, of which he was the owner, and which was alleged to be illegally detained by J. Sloat Fassett, then collector of customs for the District of New York. The material facts of the case are as follows: In May, 1891, Yanderbilt, who is a native-born American citizen, purchased of one Bailey, of Kingston-upon-Hull, England, the yacht Conqueror, a foreign built vessel, for the sum of £15,500, or about $75,000. The bill of sale was…
1Opinion of the CourtJustice Brown
Two questions are involved in the merits of this case: First, whether this vessel was taxable under the tariff laws; second, whether the award of damages was justified by the law and the testimony.
1. A preliminary objection is made, however, by the appellee that the case is not properly before the court, because the mandate is not here, and because the case was in the District Court and was brought here by a writ addressed to a court which had lost jurisdiction of it before the writ had issued.
The fact that the mandate of the Circuit. Court of Appeals to the District Court, affirming the…
2Cases cited22 opinions
- Head v. HargraveSupreme Court of the United States · 1882
- United States v. LacherSupreme Court of the United States · 1890
- The Apollon.Supreme Court of the United States · 1824
- The " Potomac"Supreme Court of the United States · 1882
- American Construction Co. v. Jacksonville, Tampa & Key West Railway Co.Supreme Court of the United States · 1893
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