The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-12
United States Giro uis Court,
Judge Nelson presidino

OcTosER 4-Leris Iappan rs John Beardsies and 10
Psardsicy the sitting OF the CcSt the Judge
gave his decision in this case of which the following
Tbis is a demurrer to the declaration. The srst
count rectes that the plaintiffs before com ng
the grievance complained Of were engaged in business
SIS traders and merchants under the firm Of IL Boards
ley Co, at Norwal Huron county Ohio, and had oc-
carton to visit the city of New York for the
purchasing and obtaining goods in the way OF their
Of all the persons with whom their house in the
habit of dealing but that the defendant, contrivng
and maliciousy intending to injure the good name
ere dit, and mercantile standing Of the plaintiffs and
OF the said firm trade, etc, did publish of con-
fanatory words. [Here the Judge sets out the libel
which wa' that the plaintiffs had been sued July
lS4S report Besrdeys vile is about to
apply for divorce an alimony; thatJ BesIdscy had
put his property out OF his hands II So their store
report and says in addition, that two suits Ia
the Court of Common Pleas, had been commenced
against Beardsley Co; that the firm have the ability
TO do a prosperous business, SO long as they
honest, which will be long suits their interest
that John Deardsey had refused to pay his debts etc.
etcl 1t IL objected that the inuendo has put his
property out of his hands If there store will be
cloed enlarges and extends the said words and con-
tans charges warranted by them by any of the
words embraced in ths count The Office of the inuen-
do is to explain the words contained in the libel and
| annex TO them their proper meaning Ii cannot
large extend the of the expressions beyond
their usual and natural import unless something Is
put upon the record by way of Introductory matter,
equivocsl ambiguous, or fall short in the
raj sense of imputng any libellous charge may have
q
| extending beyond the ordinary import Here the
Judge referred TO several authorities and after stating
the introductory matter SC, &c he then said We
must look to the whole ana every OF the libel in
order to ascertain the full extent OF the injurious i'm
putstions We cannot say as matter OF law, tina.
the words do not convey or could not have been aend
ed to convey, the meaning imputed to them ON the
contrary they may have been published under circum
stances. and in way, that should naturally con-
vey the nearer that meaning especially if published
with intent Effect the credit OF the plaintiffs
merchants as charged in the eolaraion Ths COUNSEL
de- he n
and insists that they do not convey the meaning i'm
puied This might be admitted, and still the demur-
rer not well taksntbe charge has put his property
out OF his hands" and nothing Else might he very In
nocsnt and further " So their store will be closed
SOON not necessarily importing anything wrong
| injurious But when taken in connection with the
charges that the pllD had been sued and the wife
vorce and almopy and ths whole puSlished with the
intent TO aft ct their credit, sc sierent
ing attaches and for aught that we to the fall
extent Of the charge. The view applies TO the
second count. The third count, AYERS the pubca-
tion Of the bes divers days and times without
ting cut the words This count clearly bad and
given up argument. There must bs jutgmen Mt for
the plaintiffs the first and second counts and for
the defendant on the third. with leave TO amend
ABSTRACT OF DECISIONS IMPORTANT COMMERCIAL
CAsRs, BY JUDGES NELSON AND Bgrrs.
Or. l0-N l.. 4 Geo. Grisicod VS. &. ". Laprence-
This was an action against the Collector to recover
back excess Of duties charged and paid upon sugars
shipped from Manila In the island Of LAHORE, and
which the production of that Island The goods
purchased hers in the months OF February and
March ls47 but not shipped, In consequence Of the
vessel which sent out having become disabled by
stress OF weather till the month OF August following
The important question In the whether the
outiable value OF the goods wastbe market value in the
country at the time Of the purchase at the time o
the importation. The Court held, that according to
the true construction of the sixteenth section OF the
act Of lsa6, the time OF the purchase to govern
and not that OF the importation.
Henry CorsH rs. ne same This was also an action
TO recover back an excess Of duties paid the article
] Of sheer skins They were importsd viii the wool on
| the skin and separate valuation INSIDE Of the woe
he IN Del IA he ne MAS
known In trade ~ sheep skins. Tue Court held that
Of sscertsinDg the dutiable value that IL did not
fall under schedule H. hides and skins dried
sated, and picked but that, as II had fixed pane
in the trade not found In the lit under any Of th0
schedules in the OF 1916 II TELL ~ithn the ID
ton enumerated article and charseable with
H. - Saef a. IS. the same This was also an action
to recover back excessive duties paid on ebony and
rosewood boxes They were made OF common French
\ wood for the foundation, and then yensered with
ebony rosewood No article Of he description vas
i'm ported made wholly out Of that materials they were
I only veneered with a.. The Court held that they
should be ranged under schedule II, as q manufac-
ture Of ebony rosewood and ohargesble with du
Of 40 per cent, aud did not fall Within sehedale "
| und der the phrase paper boxes and all other fancy
boxes, that were liable TO duty only of3o per cent
TO recover az excess OF duties paid on article In.
voiced and know In the trade by the name Of vermil
ion. IL bad been charged with the du'y as mereu-
rial preparation, under schedule l., at twenty five per
cent; whereas verIalon Is liable only to duty Of
1 twenty per cent under schsduls y. The Court held
which II known In the trade aud as II was known
by the name Of vcrmilion uhich had been specifically
1 enumerated under schedule r., that must govern
W. Llffnor ~ a. 20. hf saHe This was also an ac-
tIon 20 over excess Of duties paid article
market since the act Of 1876 20 wit 1Sl7s II IL
composed 81 linen and cotton, and made wholly BY
machinery and had always bees known 10 the TRACE a.
thread lace. duty VAS charged Of twenty I've Per
cent article ctmposed OF linen aud cotton, which
eAim,d in eonnsxion with the goth section Of the
act Of 1872 came under schedule = a. manuseturg
Of cotton. The Court held that the article hac
always been known IN the trade by specific name =
n which specified bread iaces and eh.rgesbl,
only with = duty Of twenty per cent.
Charles ho'iot e. ne sa~erhis vas also an seton va
trade linen iusrss camlet iustres aud toe dd nord
ltis, fabric composed Of linen and cotton apd wa.
nanuiacturv of cotton By mean. Of the operation 81
the h section OF the act Of 1872 which provide. that
all articles ufsetured from two or more materials
the duty shall be Asserted At the high rates at which
any OF lie component part may be obarSeatle. Th'
ntcls ava nc, come according 70 US eomme,e,n az
the statute II would. therefor fall within ths %
section az non enuu Grated article, unles- mougn
ton Of the of1st2 The principal question IN th'
case was Whether this section had been repealed bJ
the act Of so The Court held that u had act ethel
directly. or by necessary Implication that Il vas not
repugnant TO any Of the provisions Of that set on 10
aid 81 them that IL rule OF construction 70 de
tsrmine the character ofs given article aud accord
Ing 70 which the duty must be charged snd That ~
plying the section 70 the article In question. va
properly charged as q manufacture Of cotton uhde
schedule d. at Is per cent.
Chsrf,s Rsuirsn - ne some This also an sctior
20 excess Of duties paid upon an srtie
Known as patent ie.ther The article Il known ia th
trade as patent esshe or upper leather ard s gene
rally used for the upper part Of shoes aud boots
had been charged under schedule At 30 per cent
amanufacture Of leather. The court held that " iel
under schedule ", under the description leather up
per Of ell kinds" and charseabe only With duty
~ per cent.
Borirg HHfis ne saws.-This was also an &C
ton TO Of duties psid GU N istsrd
csrdsmor aud ispugreek seeds They we're elarge'
with duty Of - per cent within the third section
the act, OF under schedule ", AZ medicinal drug
They have aiusys been invoiced as seeds AMI khosi
IN the trsde BY that name The court hed wa. ~
properly range under schedule T. the tree bst vthi
the word. garden seeds. aud all ott ~ seds an
that the latter clause could not be limited 70 sea
: imported for agricultural purposes
: Fdi1 HesrS,ssin ~ ne sams--This ws sso an &c