Oelbermann v. Merritt

Citations

• 123 U.S. 356
• 8 S. Ct. 151
• 31 L. Ed. 164
• 1887 U.S. LEXIS 2179

Syllabus

<p>ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK.</p> <p>Under § 2930 of the Revised Statutes, the merchant appraiser must be a person familiar with the character and value of the goods; and under § 2901 he must open, examine and appraise the packages designated by the collector and ordered to be sent to the public stores for examination.</p> <p>In a suit to recover back duties paid under protest, an importer has a right to show that those provisions of the statute have not been complied with.</p> <p>For that purpose the merchant appraiser is a competent witness.</p>