Svenska Amerika Linien v. Elting

S.D. New York

Svenska Amerika Linien v. Elting

46 F.2d 178, 1929 U.S. Dist. LEXIS 1138

CourtDistrict Court, S.D. New York

DecidedMay 23, 1929

StatusPublished

Cited by1 cases

This text of 46 F.2d 178 (Svenska Amerika Linien v. Elting) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Svenska Amerika Linien v. Elting, 46 F.2d 178, 1929 U.S. Dist. LEXIS 1138 (S.D.N.Y. 1929).

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Opinion

THACHER, District Judge.

Defendant justifies retention of plaintiff’s money under section 16 (c) of the Immigration Act of 1924 (8 USCA § 216), but under this section the Secretary was required to find erlher knowledge of or failure to exercise reasonable diligence to ascertain a fact, U. S. v. Compagnie Generale Transatlantique (C. C. A.) 26 F.(2d) 195, which was unknown and not discoverable until after the alien had been transported to this country, Compagnie Francaise de Navigation a Vapeur v. Elting (C. C. A.) 19 F.(2d) 773. From this it follows that his finding was arbitrary, and plaintiff is entitled to-recover.

Verdict is accordingly directed in favor of plaintiff for the sum of $3,461.22.

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THACHER, District Judge.

Defendant justifies retention of plaintiff’s money under section 16 (c) of the Immigration Act of 1924 (8 USCA § 216), but under this section the Secretary was required to find erlher knowledge of or failure to exercise reasonable diligence to ascertain a fact, U. S. v. Compagnie Generale Transatlantique (C. C. A.) 26 F.(2d) 195, which was unknown and not discoverable until after the alien had been transported to this country, Compagnie Francaise de Navigation a Vapeur v. Elting (C. C. A.) 19 F.(2d) 773. From this it follows that his finding was arbitrary, and plaintiff is entitled to-recover.

Verdict is accordingly directed in favor of plaintiff for the sum of $3,461.22.

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Bluebook (online)

46 F.2d 178, 1929 U.S. Dist. LEXIS 1138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/svenska-amerika-linien-v-elting-nysd-1929.

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