Arthur v. Herold

Supreme Court

Arthur v. Herold

100 U.S. 75

CourtSupreme Court of the United States

DecidedOctober 15, 1879

StatusPublished

Cited by1 cases

This text of 100 U.S. 75 (Arthur v. Herold) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arthur v. Herold, 100 U.S. 75 (1879).

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Opinion

Mr. Chief Justice Waite

delivered the opinion of the court. ■

We think it was not error for the court to say to the jury that ground chicory was the same thing, as burnt chicory. The chicory root cannot- be ground until it is burned, and burnt chicory is not an article of commerce until it is ground. [78]*78Whether or not the article importéd was a new preparation, and something other than ground chicory, that is to say, whether it was prepared chicory and not simply ground chicory, was a question of fact that was properly left to the jury.

Judgment affirmed.

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Mr. Chief Justice Waite

delivered the opinion of the court. ■

We think it was not error for the court to say to the jury that ground chicory was the same thing, as burnt chicory. The chicory root cannot- be ground until it is burned, and burnt chicory is not an article of commerce until it is ground. [78]*78Whether or not the article importéd was a new preparation, and something other than ground chicory, that is to say, whether it was prepared chicory and not simply ground chicory, was a question of fact that was properly left to the jury.

Judgment affirmed.

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Bluebook (online)

100 U.S. 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arthur-v-herold-scotus-1879.

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