Earnshaw v. Cadwalader
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. This is an action at law, Brought in January, 1888, in the Circuit Court of the United States for the Eastern District of Pennsylvania, by John ~W. S. Earnshaw against John Cadwalader, collector of customs for the district of Philadelphia, to recover ‘$71.61, as an alleged excess of duties exacted by the collector on three importations of iron ore, made in February and April, 1887, by…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. This is an action at law, Brought in January, 1888, in the Circuit Court of the United States for the Eastern District of Pennsylvania, by John ~W. S. Earnshaw against John Cadwalader, collector of customs for the district of Philadelphia, to recover ‘$71.61, as an alleged excess of duties exacted by the collector on three importations of iron ore, made in February and April, 1887, by the plaintiff, into the port of Philadelphia, from Porman, Spain. ■ The case was tried before a "jury, in October, 1888,…
1Opinion of the Court
Me. Justice Blatciifoed,
after .stating the case, delivered the opinion of the court.
The evidence on the part of the plaintiff tended, to show that the quantity of water mechanically present, and not chemically combined, in iron ores like those in question, was variable and accidental, and varied in ores' which came from the same mine, the chemical ingredients of which remained practically-constant,, accordingly as the ore had been subjected to rain or to exposure to the elements; . that the- amount' of water thus mechanically present would vary from a few hundredths of 1 per cent up to 12, 16…
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