United States v. McKean

S.D. New York

United States v. McKean

26 F. Cas. 1100

DecidedDecember 22, 1857

StatusPublished

This text of 26 F. Cas. 1100 (United States v. McKean) 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

United States v. McKean, 26 F. Cas. 1100 (S.D.N.Y. 1857).

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Opinion

BETTS, District Judge,

held: (1) That there was no evidence of a sufficient or valid appraisement, and the United States were not, therefore, entitled to recover any part of their claim, which depended upon the ap-praisement alone. (2) That, independently of the invalidity of the appraisement, the date of the actual loading of the cargo, and not of the sailing of the ship, was the period at which the market value should have been estimated and duties charged.

The government then claimed that they were at all events entitled to recover additional duties to be charged upon the value at the time of actual shipment, amounting to $1,356.55, and it was agreed that a verdict should be taken for the plaintiffs for that sum, subject to the opinion of court.

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BETTS, District Judge,

held: (1) That there was no evidence of a sufficient or valid appraisement, and the United States were not, therefore, entitled to recover any part of their claim, which depended upon the ap-praisement alone. (2) That, independently of the invalidity of the appraisement, the date of the actual loading of the cargo, and not of the sailing of the ship, was the period at which the market value should have been estimated and duties charged.

The government then claimed that they were at all events entitled to recover additional duties to be charged upon the value at the time of actual shipment, amounting to $1,356.55, and it was agreed that a verdict should be taken for the plaintiffs for that sum, subject to the opinion of court.

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Bluebook (online)

26 F. Cas. 1100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mckean-nysd-1857.