Bend v. Hoyt
Supreme Court of the United States
ON a certificate of division of opinion from Circuit Court of the United States, for the southern district of New York. This suit was originally instituted in the Superior Court of New York, and was afterwards brought before the Circuit Court of the southern district of New York, by a'certiorari.
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ON a certificate of division of opinion from Circuit Court of the United States, for the southern district of New York. This suit was originally instituted in the Superior Court of New York, and was afterwards brought before the Circuit Court of the southern district of New York, by a'certiorari. An action of assumpsit was instituted against the collector of the port of New York, to recover the sum’of one hundred and twenty-seven dollars, paid to him by the plaintiff, for the importation of silk hose. The duty was levied at the fate of twenty-five .per centum ad valorem, “as hosiery,” under…
1Opinion of the CourtJustice Story
delivered the opinion of the Court.—
This case comes before us upon a certificate of division of opinion of the judges of the Circuit-Court of the southern district of New York! The original suit was assumpsit to recover back from the deféildant, who is the collector of the port and district Of New York, a sum of money paid as duties upon certain imported goods, upon the ground that they were .not liable to duty ' Upon the trial it appeared, that on the 29th of March, 1837, an entry was made by the plaintiff, as consignee, at the customhouse of New York, of eight cases of cotton gloves,…
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