In re Herter Bros.

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

In re Herter Bros.

50 F. 72, 1891 U.S. App. LEXIS 1664

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

DecidedOctober 13, 1891

StatusPublished

This text of 50 F. 72 (In re Herter Bros.) 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 Herter Bros., 50 F. 72, 1891 U.S. App. LEXIS 1664 (circtsdny 1891).

Pincite

Opinion

Lacombe, Circuit Judge.

In disposing of this case there is very little to add to the suggestions and construction of the statute which appear in the charge of Judge Coxe in the case of Baumgarten v. Magone, 50 Fed. Rep. 69, which of course is the law of this court until reversed, if it ever should be, by the court of appeals. These articles are manifestly small blocks of marble, and I cannot find in the testimony sufficient to warrant a conclusion that the general trade and commerce of this country has given a special trade meaning to the words “marble in blocks'1 other and different from its ordinary meaning in the speech of everyday life. It may be that it has, but there is not enough in this testimony to show that fact. For that reason, I shall reverse the decision of the appraisers, and direct the assessment of duty upon these articles as marble in blocks, at 65 per cent.

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Lacombe, Circuit Judge.

In disposing of this case there is very little to add to the suggestions and construction of the statute which appear in the charge of Judge Coxe in the case of Baumgarten v. Magone, 50 Fed. Rep. 69, which of course is the law of this court until reversed, if it ever should be, by the court of appeals. These articles are manifestly small blocks of marble, and I cannot find in the testimony sufficient to warrant a conclusion that the general trade and commerce of this country has given a special trade meaning to the words “marble in blocks'1 other and different from its ordinary meaning in the speech of everyday life. It may be that it has, but there is not enough in this testimony to show that fact. For that reason, I shall reverse the decision of the appraisers, and direct the assessment of duty upon these articles as marble in blocks, at 65 per cent.

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Bluebook (online)

50 F. 72, 1891 U.S. App. LEXIS 1664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-herter-bros-circtsdny-1891.