In re Godwin

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

In re Godwin

46 F. 361, 1891 U.S. App. LEXIS 1282

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

DecidedMay 11, 1891

StatusPublished

This text of 46 F. 361 (In re Godwin) 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

In re Godwin, 46 F. 361, 1891 U.S. App. LEXIS 1282 (circtsdny 1891).

Pincite

Opinion

Lacombe, Circuit Judge.

I am unable to assent to the proposition that a single antiquity, although intended to be added to an existing collection of antiquities already here, may be admitted free under paragraph 669 of the act of 1883. It appears here, however, that it has only been an accident which has separated the rug now in controversy from the other six or eight antiquities with which it was united when in the hands of the owner on the other side. Therefore, though it is perhaps somewhat straining the language of the statute in the interests of art, I shall affirm the decision of the appraisers, holding that this rug is to be treated the same as if the eight pieces came in together, and that it may, within the language of the act, be considered a collection of antiquities.

The decision of the general appraisers is affirmed.

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Lacombe, Circuit Judge.

I am unable to assent to the proposition that a single antiquity, although intended to be added to an existing collection of antiquities already here, may be admitted free under paragraph 669 of the act of 1883. It appears here, however, that it has only been an accident which has separated the rug now in controversy from the other six or eight antiquities with which it was united when in the hands of the owner on the other side. Therefore, though it is perhaps somewhat straining the language of the statute in the interests of art, I shall affirm the decision of the appraisers, holding that this rug is to be treated the same as if the eight pieces came in together, and that it may, within the language of the act, be considered a collection of antiquities.

The decision of the general appraisers is affirmed.

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Bluebook (online)

46 F. 361, 1891 U.S. App. LEXIS 1282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-godwin-circtsdny-1891.