Magone v. Wiederer
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 in the Circuit Court of the United States for the Southern District of New York, by the defendants in error, who were partners in business under the name of P. Wiederer &. Bros., against a former collector of the port of New York, to- recover alleged overpayments exacted as duties upon certain importations made in 1887 and 1888. Due protests were made against the…
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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 in the Circuit Court of the United States for the Southern District of New York, by the defendants in error, who were partners in business under the name of P. Wiederer &. Bros., against a former collector of the port of New York, to- recover alleged overpayments exacted as duties upon certain importations made in 1887 and 1888. Due protests were made against the duties charged by the collector, and from his decision timely appeals were taken to th,e Secretary of the'-Treasury.…
1Opinion of the Court
Mr- Justice White,
after stating the case, delivered the opinion of the court.
The instructions which were refused asked the court to rule that exclusive use was the correct criterion to determine the classification. The error of this contention seems obvious from the most casual consideration. If exclusive use Were made the test, then an exception would destroy the rule; for however general and universal the use of a particular article might be, if exceptionally used for another purpose, suck use' would destroy the effect of the general and common use, and make the exception the controlling…
2Cases cited9 opinions
- Worthington v. RobbinsSupreme Court of the United States · 1891
- Magone v. HellerSupreme Court of the United States · 1893
- Maillard v. LawrenceSupreme Court of the United States · 1854
- Sonn v. MagoneSupreme Court of the United States · 1895
- Cadwalader v. WanamakerSupreme Court of the United States · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Universal Battery Co. v. United States and Four Other CasesSupreme Court of the United States · 1930
- Universal Battery Co. v. United StatesSupreme Court of the United States · 1930
- United States v. BokerCourt of Customs and Patent Appeals · 1915
- Lodge Spark Plug Co. v. United StatesUnited States Customs Court · 1962
- United States v. LyonCourt of Customs and Patent Appeals · 1913
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