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10 F. Cas. 1031

Gray v. Lawrence

U.S. District Court

Decided December 15, 1853

U.S. District Court · decided 1853-12-15

This was an action [by George Gray] to recover back an excess of duties exacted by the defendant [Cornelius W. Lawrence], as collector of the port of New York, on several invoices of Irish linens, consigned by the plaintiff to Bird, Gillilan & Go., his agents, and entered by them.

Cited by 5 later decisions — most recently December 1976

Good law ✅— No negative treatment on recordhow we know

Decided 1853-12-15

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THE COURT

¶1held: 1. That, under the usage proved, the sum to which an invoice was reduced by the rebatement, and not its gross sum, must be regarded as representing the real invoice price;

¶22. That the secretary of the treasury had no legal power to direct the judgment of the appraisers in valuing goods, or in adding to or subtracting from the charges in the invoices, for the purpose of determining market values; and that the increase of the invoices 5 per cent, in amount, in the manner in which it was done, was without authority of law;

¶33. That an entry or protest made by an agent is, in láw, made by the principal, and that the act of 1845 did not necessarily impugn that general principle. Mason v. Kane [Case No. 9,241].

¶4Judgment for the plaintiff for the amount of duties charged upon the 5 per cent, so added to the invoice, with interest from the time of payment.

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