Carnes v. Maxwell
U.S. Circuit Court for the District of Southern New York
At law. This was an action against [Hugh Maxwell] the collector of the port of New Y ork, originally’ brought In the supreme court of New York, and removed into this court by the defendant, to recover bade a penalty for undervaluation, paid by the plaintiffs [Nathaniel Carnes and others] upon an importation of corks from Bordeaux, in November, 1830.
1Opinion of the Court
INCIERSOLL. District Judge.
An invoice of the corks, in this case, was sent to the plaintiffs, who were the consignees, and was by them presented at the custom house. That invoice was an erroneous one. But the error was occasioned by mistake, and not by fraud. The entry’ was in conformity to the erroneous invoice, and was also erroneous. The plaintiffs immediately discovered the error, notified the officers of the customs of the same, and sent out to France for a correct invoice'. A correct invoice was received by them on the Oth of January, 1851. They delivered itat the custom house, and…
2Cited by1 opinion
- R. Frank Williams Co. v. United States Baking Co.Court of Appeals of Maryland · 1897