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14 F. Cas. 782

Knoedler v. Schell

U.S. District Court

Decided July 1, 1860

U.S. District Court · decided 1860-07-01

These actions were brought to recover the difference between S per cent, and 15 per cent., exacted of the plaintiff [Michael Knoedler] as duties on colored engravings. The tariff act of 1846 [9 Stát. 42] levied a duty of 10 per cent, on “engravings or plates bound or unbound.” The act of 1857 [11 Stat. 192] levied a duty of 8 per cent.

Decided 1860-07-01

NELSON, Circuit Justice,

¶1ruled that there was no authority for the exaction of more than 8 per cent, duty, and the plaintiff was entitled to a verdict for the excess paid in both actions.

¶2[A motion was subsequently made in this case to set aside an execution against the personal effects of the collector. The motion was overruled. Case No. 7,889.]

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