Legal Opinion

Murphy v. Arnson

Supreme Court of the United States

Decided April 15, 1878No. 304PublishedCited by 50 opinions

Error to' tbe Circuit Court of tbe United States for tbe Southern- District of New York. In.March,-1371, A-rnsón & Wilzinski, tbe plaintiffs below, imported into New York a quantity of nitro-benzole, which is obtained by the chemical- action of its constituents — benzole and nitric acid — upon each other. ' It is then refined and cleaned by distillation, arid sold as nitró-benzolé and as “ oil of myrbarié ”, to druggists, soap‘manufacturers, “ and to the trade generally.”

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Error to' tbe Circuit Court of tbe United States for tbe Southern- District of New York. In.March,-1371, A-rnsón & Wilzinski, tbe plaintiffs below, imported into New York a quantity of nitro-benzole, which is obtained by the chemical- action of its constituents — benzole and nitric acid — upon each other. ' It is then refined and cleaned by distillation, arid sold as nitró-benzolé and as “ oil of myrbarié ”, to druggists, soap‘manufacturers, “ and to the trade generally.” The defence introduced testimony, that this is .a well-known article of commerce, commercially known 'as oil of niyrbané,…

1Opinion of the CourtJustice Hunt

■ It was an evident error on the part of the collector to tax “ nitro-benzole ” as an essential oil. There was no evidence that such was its character ;■ but it • appeared at the trial, by uncontradicted evidence, and was in fact conceded, that it was made by mixing benzole and nitric acid ; that these substances combined by reason of their chemical affinity, and nitro-benzole was the result. Not being enumerated as a dutiable - article, it falls under the twentieth section of the act of Aug. 30, 1842 (5 Stat. 565), called the similitude, clause.

“ And be it further enacted, that there shall…

2Cases cited1 opinion

  1. Meyer v. ArthurSupreme Court of the United States · 1876

3Cited by50 opinions

  1. United States v. Steinberg Bros.Court of Customs and Patent Appeals · 1959
  2. Thornhill v. Carpenter-Morton Co.Massachusetts Supreme Judicial Court · 1915
  3. Ishimitsu v. United StatesCourt of Customs and Patent Appeals · 1921
  4. Landgraf v. KuhIllinois Supreme Court · 1900
  5. Arthur v. FoxSupreme Court of the United States · 1883

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