Poole Co. v. United States

CONCURRING OPINION.

Barber, Judge:

I have such grave doubts as to the soundness of the conclusion in this case that while not expressly dissenting therefrom, I deem it my duty to call attention to some of the things upon which my doubts rest.

In addition to what is said about the condition of the cheese in the court's opinion, it also appears of record that the reason why the cheese decayed in transit was because at the time of exportation it was not mature or ripe enough to withstand the heat and other ordinary conditions incident to its passage through the Tropics to the port of importation.…