Joannidis v. Loeb

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

Joannidis v. Loeb

191 F. 93

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

DecidedSeptember 15, 1911

StatusPublished

This text of 191 F. 93 (Joannidis v. Loeb) 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

Joannidis v. Loeb, 191 F. 93 (circtsdny 1911).

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Opinion

LACOMBE, Circuit Judge

(after stating the facts' as above). The relief prayed is for an injunction restraining the defendant, as collector of the port of New York, from paying out (either directly or by crediting the same against a debt due to the United States from one Stamatopoulos) the amount of certain duties improperly exacted from merchandise, the property of complainant imported into this country. The various entries have been reliquidated.

It is not understood, nor does the brief refer to any provision of law, that the collector of the port is the person who under such circumstances makes payment of the moneys to be refunded. That is a -function of the Treasury Department. Since that officer has nothing to do with the refund- — subsequent to reliquidation — there is no foundation for suit to restrain him from acting.

Demurrer sustained, and bill dismissed, with costs.

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LACOMBE, Circuit Judge

(after stating the facts' as above). The relief prayed is for an injunction restraining the defendant, as collector of the port of New York, from paying out (either directly or by crediting the same against a debt due to the United States from one Stamatopoulos) the amount of certain duties improperly exacted from merchandise, the property of complainant imported into this country. The various entries have been reliquidated.

It is not understood, nor does the brief refer to any provision of law, that the collector of the port is the person who under such circumstances makes payment of the moneys to be refunded. That is a -function of the Treasury Department. Since that officer has nothing to do with the refund- — subsequent to reliquidation — there is no foundation for suit to restrain him from acting.

Demurrer sustained, and bill dismissed, with costs.

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Bluebook (online)

191 F. 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joannidis-v-loeb-circtsdny-1911.