[DOWNLOAD] "Dioguardi v. Durning" by United States Court of Appeals for the Second Circuit " Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Dioguardi v. Durning
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 03, 1944
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

In his complaint, obviously home drawn, plaintiff attempts to assert a series of grievances against the Collector of Customs at the Port of New York growing out of his endeavors to import merchandise from Italy "of great value," consisting of bottles of "tonics." We may pass certain of his claims as either inadequate or inadequately stated and consider only these two: (1) that on the auction day, October 9, 1940, when defendant sold the merchandise at "public custom," "he sold my mercnandise to another bidder with my price of $110, and not of his price of $120," and (2) "that three weeks before the sale, two cases, of 19 bottles each case, disappeared." Plaintiff does not make wholly clear how these goods came into the collectors hands, since he alleges compliance with the revenue laws; but he does say he made a claim for "refund of merchandise which was two-thirds paid in Milano, Italy," and that the collector denied the claim. These and other circumstances alleged indicate (what, indeed, plaintiffs brief asserts) that his original dispute was with his consignor as to whether anything more was due upon the merchandise, and that the collector, having held it for a year (presumably as uncliamed merchandise under 19 U.S.C.A. § 1491), the sold it, or such part of it as was left, at public auction. For his asserted injuries plaintiff claimed $5,000 damages, together with interest and costs, against the defendant individually and as collector. This complaint was dismissed by the District Court, with leave, however, to plaintiff to amend, on motion of the United States Attorney, appearing for the defendant, on the ground that it "fails to state facts sufficient to constitute a cause of action."

PDF Books Download "Dioguardi v. Durning" Online ePub Kindle