United States v. Fougera

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

United States v. Fougera

90 F. 801, 1898 U.S. App. LEXIS 2543

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

DecidedDecember 9, 1898

DocketNo. 1,844

StatusPublished

This text of 90 F. 801 (United States v. Fougera) 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

United States v. Fougera, 90 F. 801, 1898 U.S. App. LEXIS 2543 (circtsdny 1898).

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Opinion

TOWNSEND, District Judge

(orally). The merchandise in. question consists of certain proprietary medicines known as “Brown’s Ohloro-dyne” and “Liqueur de Dr. Laville.” It is conceded that these articles are medicinal preparations. It also appears that they contain alcohol, and it is true that they are also combinations of products known as alkaloids and essential oils. But, while either designation is appropriate, I think the court is bound by the decisión of the supreme court of the United States in Fink v. U. S., 170 U. S. 584, 18 Sup. Ct. 770, in which the court holds, in effect, that the medicinal use for which the preparation is designed dominates its chemical composition, and is more specific. For this reason the decision of the board of general appraisers is affirmed.

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TOWNSEND, District Judge

(orally). The merchandise in. question consists of certain proprietary medicines known as “Brown’s Ohloro-dyne” and “Liqueur de Dr. Laville.” It is conceded that these articles are medicinal preparations. It also appears that they contain alcohol, and it is true that they are also combinations of products known as alkaloids and essential oils. But, while either designation is appropriate, I think the court is bound by the decisión of the supreme court of the United States in Fink v. U. S., 170 U. S. 584, 18 Sup. Ct. 770, in which the court holds, in effect, that the medicinal use for which the preparation is designed dominates its chemical composition, and is more specific. For this reason the decision of the board of general appraisers is affirmed.

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Bluebook (online)

90 F. 801, 1898 U.S. App. LEXIS 2543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-fougera-circtsdny-1898.

Opinion

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