Legal Opinion

United States v. One Pearl Chain

District Court, S.D. New York

Decided June 2, 1904PublishedCited by 5 opinions

Action of Forfeiture for Illegal Importation. This was an action brought by the United States for the forfeiture of a pearl chain of a value of about $26,000, which was found in the possession of the claimant in this proceeding, Ida Josephine Dulles, on her arrival in this country as a passenger on a vessel, and was seized by a special employé of the Treasury Department as imported in violation of sections 2799-2802, 3082, Rev. St. [U. S. Comp.

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Action of Forfeiture for Illegal Importation. This was an action brought by the United States for the forfeiture of a pearl chain of a value of about $26,000, which was found in the possession of the claimant in this proceeding, Ida Josephine Dulles, on her arrival in this country as a passenger on a vessel, and was seized by a special employé of the Treasury Department as imported in violation of sections 2799-2802, 3082, Rev. St. [U. S. Comp. St. 1901, pp. 1872, 1873, 2014], and therefore subject to forfeiture. At the close of the government’s case, counsel for the claimant rested, and made…

1Opinion of the CourtHolt, District Judge

(orally). The consideration that has been suggested ’by Mr. Baldwin that the burden of proof is upon the claimant in this case is subject to the condition that the court finds that there is probable cause for the seizure. I think the question *511whether there is such probable cause as to make the collector absolutely responsible in some way would be rather a different question from the question of whether there is probable cause here on the question of the burden of proof; and in my opinion, in any case, whatever the circumstances are, if at the close of the government’s case there is not, in…

2Cases cited2 opinions

  1. One Pearl Chain v. United StatesCourt of Appeals for the Second Circuit · 1903
  2. Dodge v. United StatesCourt of Appeals for the Second Circuit · 1904

3Cited by5 opinions

  1. Rogers v. United StatesCourt of Appeals for the Sixth Circuit · 1910
  2. In re H. L. Evans & Co.District Court, D. Delaware · 1907
  3. United States v. 2802 Cases Scotch WhiskyDistrict Court, D. Connecticut · 1926
  4. United States v. A Lot of Silk Goods & Other MerchandiseDistrict Court, D. Hawaii · 1912
  5. United States v. Thirty Quarts of Roederer ChampagneDistrict Court, D. Puerto Rico · 1916

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