Benoit v. United States

U.S. Circuit Court for the District of Southern New York

Benoit v. United States

150 F. 687, 1892 U.S. App. LEXIS 1560

CourtU.S. Circuit Court for the District of Southern New York

DecidedApril 21, 1892

DocketNo. 665

StatusPublished

This text of 150 F. 687 (Benoit v. United States) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benoit v. United States, 150 F. 687, 1892 U.S. App. LEXIS 1560 (circtsdny 1892).

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Opinion

LACOMBE, Circuit Judge

(after stating the facts). The circumstance that the principal testimony of the witness called by the government is based, not upon the sample upon which the Board of Appraisers had based their decision, but upon another sample, seems to me insufficient to warrant me in setting aside their finding of fact. But taking the fact to' be as they have found it, I think I must reverse their decision, in view of the different doctrine as to the law which has been laid down by the Supreme Court.

The decision is therefore reversed, and the collector is directed to classify the goods under section 355.

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LACOMBE, Circuit Judge

(after stating the facts). The circumstance that the principal testimony of the witness called by the government is based, not upon the sample upon which the Board of Appraisers had based their decision, but upon another sample, seems to me insufficient to warrant me in setting aside their finding of fact. But taking the fact to' be as they have found it, I think I must reverse their decision, in view of the different doctrine as to the law which has been laid down by the Supreme Court.

The decision is therefore reversed, and the collector is directed to classify the goods under section 355.

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Bluebook (online)

150 F. 687, 1892 U.S. App. LEXIS 1560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benoit-v-united-states-circtsdny-1892.