Hendricks v. Schmidt
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This was an action at law by the plaintiffs, trading under the firm name of Charles 1<\ Schmidt & Peters, to recover of the collector of customs of the port of New York the possession of 11 eases of champagne imported December 19,1892, by the steamship La Champagne, subject to the payment of certain duties, with the collection of which defendant was by law charged.
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In Error to the Circuit Court of the United States for the Southern District of New York. This was an action at law by the plaintiffs, trading under the firm name of Charles 1<\ Schmidt & Peters, to recover of the collector of customs of the port of New York the possession of 11 eases of champagne imported December 19,1892, by the steamship La Champagne, subject to the payment of certain duties, with the collection of which defendant was by law charged. The complaint alleged a tender of the duty upon such champagne to the amount of 8Ü5.92, a refusal on the part of the defendant to accept the…
1Opinion of the CourtBrown, Circuit Justice
(after stating the facts). There was little, if any, dispute with regard to the facts in this case, which were substantially as follows: On December 19,1892, plaintiffs imported, per steamer La Champagne, 1,420 cases of champagne, and gave a single bond for warehousing the same. From that time until February 18, 1893, they withdrew from the warehouse, for consumption, all except 50 cases, which were still remaining. On that day their agent presented to the storekeeper in charge of the warehouse a paper purporting to be a withdrawal delivery permit, whereby he was directed to deliver the…
2Cases cited2 opinions
- Potts v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1881
- Frothingham v. JenkinsCalifornia Supreme Court · 1850
3Cited by2 opinions
- Continental Management, Inc. v. United StatesUnited States Court of Claims · 1975
- United States v. Anchor Warehouses, Inc.Court of Appeals for the Second Circuit · 1937