New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-04-29
UNITED STATES CIRCUIT CouRr-ArRIL 2sl

l
Judge Hall has sent down decisions in the following
heard before him when he was last here
nCEss OF DUTIEs-cIGARs-vALUE IN INVOICE A
FRAUD UPON THE IMPORTER.
Benjamin H. Lille ct al agt Heman J. Redfeld.
This action brought 10 recover back GER
tain Of duties exaced by the defendant Collector OF
cigars had been purchased under and nvoced
Of the LIST ID and Sd grades and the duties paid or de
however found that they had been rsuduen nvoiced
IN "a ~ ne - % US , Gn snD,rs when the
matter called to their attention. determined that the fact
and that the invoice should be reduced
the plaintiffs claimed that the duties should be assessed the
reduced valuation The Collector apparently willing TO
correct the II he cond do with the authority of the
Secretary Of the Treasury The negotiation for
time tin that authority refused and after that the
Held by Court That sufficient evidence
and that hen tie fraud discovered the
duty the Collector to have corrected the assessment Of duties
That under the Of Marriott ag Bruno the protest
Judgment for plaintiffs upon the verdict The
De adjusted at the Custom House.
For plaintiff Mr. McCuoh for defendant Mr.. McKeon.
sUFFIciEYcY or PRoTEsr-RosEwoOD FURNITURE.
George Pensot sgt. Cornelius w. Lawrence.
This action 10 recover back duties alleged 10
have been Iegsly exacted by the defendant collector
opinion Of the Court Theony question the efficiency
OF he protest. There were Eve entries Of goods. The hr.t
one embraced rosewood and mahogany furniture common
wool fantuTe rosewood furniture, and silk aud worsted
Foods The protest annexed against paying 20 cent
d9 on rosewood furniture specified in bis entry believing
should 80 cent cabinet furniture The other
He'd BY the CoartThat these protests related specific
article embraced in the entries. Rosewood furniture" n a
wekEown and specific term and the protests be
tended what is properly and specifically embraced with
In them Furniture Of other woods silk and wOrsted goods
and furniture Of rosewood and wood and rosewood
and mahogany together must be- excluded fran their operation
Judgment for plaintiff for the appearing 10 BE- due
these pine pes aueant to be Ascersncd BY adjustment
81 the custom house the parties otherwise Ptecr
For Planiif, Mr. MeCuloh for defendant Mr. McKeon.
UT IN HQUITY-REDELIvERY BOND AND FORFEIT
URE-JUMSDICTIoN.
Alexander f0peh ct al ". heman J. Redfed and John
This was bill in equity filed to compel the defend
ants 20 elect 10 prosecute Of two actions
United States District Court abandon he other
defendants denurrcd tOhe bill the demurr, and The
preliminary injunction argued together
The first suit In the District Court redeyery
n pcuaty Of the Of the goods being Endorsed as
der u. ffh section Of the act Of May % 1880.
The ether suit IL brought 20 forfeit the goods which
Of hides and two casks of skvers for undea
alton
Nod b. the Couyf-ThAt is certain that the whole pen
atty the bond could BE- recovered but could that night
mitigate any forfeiture The extent u the recovery que
fon rather Ter the District Court from whose decision the mat
ter can III brought up By appeal.
That the goods have been seized they cannot be for
seited in the second suit unless tbs plaintiffs by giving BOND
by their pleading omission Of pleading In that SUIT
have precaded thmelyes from denying It, But this has
cared their proper remedy BY application to the District
Court
That even though the claim Of the United States for
felt Of e Foods when they bad legal right 20 forfeit
the skve only yet this claim cannot confer us
sieton upon this Court II presents simple question Of legal
sSs yhee ke question: must 6st be DECIDED The whole