Protest 974538-G of Bocci

U.S. Customs Court

Protest 974538-G of Bocci

7 Cust. Ct. 275

CourtUnited States Customs Court

DecidedSeptember 29, 1941

DocketNo. 46370

StatusPublished

This text of 7 Cust. Ct. 275 (Protest 974538-G of Bocci) 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 974538-G of Bocci, 7 Cust. Ct. 275 (cusc 1941).

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Opinion

Opinion by

Keefe, J.

At the trial the plaintiffs testified that they had examined and checked each of the 19 cases of tiles upon arrival and found 1,200 full tiles [276]*276measuring 6 x 6 x % inches and 350 half tiles, and that the tiles so found corresponded with the quantity ordered; that none of the tiles had been removed from the shipment before being received by them, as the 19 cases were completely filled. The inspector who examined the shipment testified that he had received a permit of delivery noting that the shipment contained 1,550 tiles, no mention having been made of half tiles; that he had opened 2 or 3 cases out of the 19 cases, and that they contained tiles measuring 6 x 6 x % inches. From a careful consideration of the record the court was of the opinion that the weight of the evidence established without contradiction that the merchandise contained 1,200 whole tiles and 350 half tiles, having a measurement of 343.9 superficial feet, as claimed by the importers. The collector was therefore directed to make refund accordingly.

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Opinion by

Keefe, J.

At the trial the plaintiffs testified that they had examined and checked each of the 19 cases of tiles upon arrival and found 1,200 full tiles [276]*276measuring 6 x 6 x % inches and 350 half tiles, and that the tiles so found corresponded with the quantity ordered; that none of the tiles had been removed from the shipment before being received by them, as the 19 cases were completely filled. The inspector who examined the shipment testified that he had received a permit of delivery noting that the shipment contained 1,550 tiles, no mention having been made of half tiles; that he had opened 2 or 3 cases out of the 19 cases, and that they contained tiles measuring 6 x 6 x % inches. From a careful consideration of the record the court was of the opinion that the weight of the evidence established without contradiction that the merchandise contained 1,200 whole tiles and 350 half tiles, having a measurement of 343.9 superficial feet, as claimed by the importers. The collector was therefore directed to make refund accordingly.

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Bluebook (online)

7 Cust. Ct. 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protest-974538-g-of-bocci-cusc-1941.