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· 1/6/1903

581 Diamonds v. United States

Citations

  • 119 F. 556
  • 60 L.R.A. 595
  • 1903 U.S. App. LEXIS 4793

Syllabus

<p>1. Customs Laws—Forfeiture of Smuggled Goods—Right of Vendor to Reclaim Goods Obtained by Fraud.</p> <p>A seller of goods, which were delivered to the purchaser, although having the right, as against the purchaser, to rescind the sale and recover the goods, because they were obtained by means of fraudulent representations and with the intention on the part of the purchaser not to. pay for the same, cannot assert such right against the right of the United States to forfeit the goods, where they were seized when the purchaser, while thus clothed with ownership and possession, was attempting to smuggle them into the country in violation of its customs laws.</p>

Judges: Day

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