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FABBRI V. MURPHY, 95 U. S. 191 (1877)

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Fabbri v. Murphy, 95 U.S. 191 (1877)

Fabbri v. Murphy

95 U.S. 191


Certain goods were imported in November, 1869, and stored in a bonded warehouse until March 20, 1871, when they were withdrawn for consumption. Held that, having so remained in such warehouse, they were, under the Act of March 14, 1866, 14 Stat. 8, subject to the additional duty of ten percent thereby imposed.

In November, 1869, Fabbri & Chauncey imported from Manila into New York certain sugar which, on the seventeenth day of that month, was stored in a United States bonded warehouse, where it remained until March 20, 1871, when it was withdrawn for consumption. The duty at the latter date amounted to $34,360.50, gold, to which ten percent was added by the defendant Murphy, then collector of New York, as the sugar had remained in the bonded warehouse more than one year. The additional ten percent was paid under protest, and an appeal taken from the collector's liquidation and decision. The Secretary of the Treasury having affirmed that decision, this suit was seasonably brought by the plaintiffs to recover the ten percent with interest thereon from the time of its payment. At the trial they requested the court to charge in substance that the additional ten percent was illegally imposed. This request was denied and the jury told that, upon the uncontradicted evidence, the defendant was entitled to a verdict, which was rendered accordingly. To the instruction given and to those refused the plaintiffs duly excepted, and sued out this writ.

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