Maddock v. Magone

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

Maddock v. Magone

41 F. 882, 1890 U.S. App. LEXIS 2089

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

DecidedJanuary 6, 1890

StatusPublished

This text of 41 F. 882 (Maddock v. Magone) 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

Maddock v. Magone, 41 F. 882, 1890 U.S. App. LEXIS 2089 (circtsdny 1890).

Pincite

Opinion

Lacombe, J.,

(charging jury.j The point submitted to you is a very narrow one. You are simply to answer “Yes” or “No”to the question whether these goods are toys. If you make any distinction between the different articles, you will state that distinction when you return your verdict. You have heard the evidence, and all that there is for me to do in leaving the case in your hands is to give you the definition of the word “toy:” “A toy is a plaything; a thing the main use or purpose of which is the amusement of children. ” Bearing that definition in mind, and instructed by the evidence, you will determine as to these articles whether they are or are not toys. The burden proof is, of of course, upon the plaintiff, as it is in all these cases. He must satisfy you by a fair preponderanec of evidence that his side of the case is made out; otherwise the presumption is that the collector, a public officer, rightly decided'.

The jury found a verdict for the defendant.

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Lacombe, J.,

(charging jury.j The point submitted to you is a very narrow one. You are simply to answer “Yes” or “No”to the question whether these goods are toys. If you make any distinction between the different articles, you will state that distinction when you return your verdict. You have heard the evidence, and all that there is for me to do in leaving the case in your hands is to give you the definition of the word “toy:” “A toy is a plaything; a thing the main use or purpose of which is the amusement of children. ” Bearing that definition in mind, and instructed by the evidence, you will determine as to these articles whether they are or are not toys. The burden proof is, of of course, upon the plaintiff, as it is in all these cases. He must satisfy you by a fair preponderanec of evidence that his side of the case is made out; otherwise the presumption is that the collector, a public officer, rightly decided'.

The jury found a verdict for the defendant.

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Bluebook (online)

41 F. 882, 1890 U.S. App. LEXIS 2089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maddock-v-magone-circtsdny-1890.