Protest 115043-K of Alfred Hart Distilleries

U.S. Customs Court

Protest 115043-K of Alfred Hart Distilleries

18 Cust. Ct. 158

CourtUnited States Customs Court

DecidedFebruary 7, 1947

DocketNo. 51555

StatusPublished

This text of 18 Cust. Ct. 158 (Protest 115043-K of Alfred Hart Distilleries) is published on Counsel Stack Legal Research, covering United States Customs Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Protest 115043-K of Alfred Hart Distilleries, 18 Cust. Ct. 158 (cusc 1947).

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Opinion

Opinion by

Cline, J.

It was stipulated that the merchandise and issues herein are similar in all material respects to those involved in United States v. Somerset (33 C. C. P. A. 138, C. A. D. 328), and that a quantity of liquor amounting to 10 percent or more of the tojal contents of the various barrels, casks, packages, etc., was lost in transit from the port of exportation to the port of destination because of breakage, leakage, or damage. In accordance therewith it was held that an allowance should have been made for the loss appearing upon the gauger’s return as verified by the affidavit of the importer. The protest, having been abandoned as to entry 1631, was dismissed to such extent. In all other respects the protest was sustained as claimed.

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Opinion by

Cline, J.

It was stipulated that the merchandise and issues herein are similar in all material respects to those involved in United States v. Somerset (33 C. C. P. A. 138, C. A. D. 328), and that a quantity of liquor amounting to 10 percent or more of the tojal contents of the various barrels, casks, packages, etc., was lost in transit from the port of exportation to the port of destination because of breakage, leakage, or damage. In accordance therewith it was held that an allowance should have been made for the loss appearing upon the gauger’s return as verified by the affidavit of the importer. The protest, having been abandoned as to entry 1631, was dismissed to such extent. In all other respects the protest was sustained as claimed.

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Bluebook (online)

18 Cust. Ct. 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protest-115043-k-of-alfred-hart-distilleries-cusc-1947.