Derobert v. Stranahan

Citations

• 126 F. 581
• 1903 U.S. App. LEXIS 4345

Syllabus

<p>1. Customs Duties — Collection—Delivery of Goods — Bill of Lading — Non-production — Rights of Holder — Liability of Collector.</p> <p>Act Cong. March 2, 1799, c. 22, § 62, 1 Stat. 675, provides that all goods imported into the United States for the purposes of the tariff act shall be deemed and held to be the property of the person to whom said goods may be consigned, any sale prior to entry and payment or securing the payment of the duties on the goods and the payment of all bonds unsatisfied by the consignee to the contrary notwithstanding; and Customs Administrative Act June 10, 1890, c. 407, § 1, 26 Stat. 131 [U. S. Comp. St. 1901, p. 1886], declares that merchandise imported into the United States shall for the purpose of the act be deemed to be the property of the consignee, but that the holder of any bill of lading consigned to order and indorsed by the consignor shall be deemed the. consignee thereof. Held, that where a consignee of goods, as appeared from the ship’s sworn manifest and from a certified invoice, paid the duty and received the goods from the collector, the latter was not liable to a transferee of the bill of lading, holding the same as collateral for a draft drawn on the consignees for the price of the goods, which they refused to pay on presentation.</p>