SVENSKA AMERIKA LINIEN
v.
ELTING, COLLECTOR OF CUSTOMS
SVENSKA AMERIKA LINIEN
ELTING, COLLECTOR OF CUSTOMS
United States District Court for the Southern District of New York (1929)
Positive Treatment
Cited by 1 case
Opinion of the Court
Defendant justifies retention of plaintiff’s money under section 16 (c) of the Immigration Act of 1924 (8 USCA § 216), but under this section the Secretary was required to find erlher knowledge of or failure to exercise reasonable diligence to ascertain a fact, U. S. v. Compagnie Generale Transatlantique (C. C. A.) 26 F.(2d) 195, which was unknown and not discoverable until after the alien had been transported to this country, Compagnie Francaise de Navigation a Vapeur v. Elting (C. C. A.) 19 F.(2d) 773. From this it follows that his finding was arbitrary, and plaintiff is entitled to-recover.
Verdict is accordingly directed in favor of plaintiff for the sum of $3,461.22.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bermuda & W. Indies S. S. Co. v. Elting (S.D.N.Y. 1930)
Authorities Cited
- Compagnie Francaise de Navigation a Vapeur v. Elting, 19 F.2d 773 (2d Cir. 1927)
- United States v. Compagnie Générale Transatlantique, 26 F.2d 195 (2d Cir. 1928)