Fennerstein's Champagne
Supreme Court of the United States
On a libel of information and seizure in the District Court for the Northern District of California, the question was whether certain champagne wines made at Eheims, in France, and invoiced for this country in October, 1868, had been knowingly invoiced below “ the actual market value of them at the time and place when and where manufactured,” at which actual value the statute requires that they should be valued.† Upon the trial, as appeared by the bill of exceptions, the…
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On a libel of information and seizure in the District Court for the Northern District of California, the question was whether certain champagne wines made at Eheims, in France, and invoiced for this country in October, 1868, had been knowingly invoiced below “ the actual market value of them at the time and place when and where manufactured,” at which actual value the statute requires that they should be valued.† Upon the trial, as appeared by the bill of exceptions, the claimants introduced testimony tending to show that champagne wines in the hands of the manufacturers in the champagne…
1Opinion of the Court
Mr. Justice S"WAYNE
delivered the opinion of the court
The only point of the several objections taken to the ad mission of the letters necessary to be considered is, that thej were res inter alios acta, and hence incompetent. The other are disposed of by what was said in the preceding ease.
In Taylor et al. v. United States, * foreign invoices relating to goods other than those of the claimant, and received by other merchants, were admitted to rebut the evidence given by the claimant of a general usage to allow a deduction of five per cent, for measurement — those invoices showing no such…
2Cited by21 opinions
- Hoffman v. PalmerCourt of Appeals for the Second Circuit · 1942
- Virginia v. West VirginiaSupreme Court of the United States · 1915
- National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1900
- Winn-Senter Const. Co. v. United StatesUnited States Court of Claims · 1948
- United States v. Cecil Ray JohnsonCourt of Appeals for the Seventh Circuit · 1975
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