Samuel Blatchford

Name: Oelbermann v. Merritt — Opinion of the Court
Author: Samuel Blatchford

Oelbermann v. Merritt — Opinion of the Court

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“Oelbermann v. Merritt — Opinion of the Court”, is a work by Samuel Blatchford. It explores elements such as merchant appraiser, the United States and collector.

Quotes from Oelbermann v. Merritt — Opinion of the Court (Samuel Blatchford)

Samuel Blatchford, Oelbermann v. Merritt — Opinion of the Court

“ As the question of his familiarity with the article and with its value necessarily depended upon the nature, and to some degree, at least, upon the extent of his experience in connection with the article, no one could know what that experience was so well as himself. If he is to be excluded as a witness on the subject, when offered by either side, the court, and the jury, and the parties would be deprived of the best testimony within reach. There is no ground of public policy which forbids that the merchant appraiser should be a witness to the extent above indicated. ”

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Source: Wikisource

Samuel Blatchford, Oelbermann v. Merritt — Opinion of the Court

“ The importer is entitled to have a merchant appraiser who answers these qualifications, and is entitled to raise the question of a want of qualification by a protest and an appeal to the secretary of the treasury, and in a suit at law brought thereafter. If the merchant appraiser does not possess these qualifications, he has no power conferred on him by the statute to act as a merchant appraiser. ”

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Source: Wikisource

Samuel Blatchford, Oelbermann v. Merritt — Opinion of the Court

“ The plaintiffs also claim the right to go the jury upon the questions (1) whether the collector, acting as appraiser, fully and fairly examined the goods; (2) whether the goods were invoiced at their fair and actual value in the principal markets of France at the time of exportation; (3) whether a fair examination of the goods was made by the general appraiser, associated with the merchant appraiser, when that question was referred to him; (4) whether the facts stated in the protests had been established by the evidence ”

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Source: Wikisource

Samuel Blatchford, Oelbermann v. Merritt — Opinion of the Court

“ Thompson, 10 How. 225, the circuit court had instructed the jury that the valuation made by two merchant appraisers, under the act of 1842, was invalied because one of the merchants who made the appraisement was wrongfully substituted for another who had been appointed, and who was removed by the collector for having stated it to be his opinion that the plaintiffs should have time to obtain evidence from England as to the true market value of the goods. ”

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Source: Wikisource

Samuel Blatchford, Oelbermann v. Merritt — Opinion of the Court

“ All their powers are derived from these acts, and it is their duty to observe the restrictions and to obey the directions they contain. In the present instance, there was a neglect of the positive mandate 'to open, examine, and appraise one package of every invoice, and one package at least of every 10 packages of goods, wares, and merchandise;' and the jury have found that the inquiry they made was not, in substance nor in effect, an equivalent for such an examination. ”

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Source: Wikisource

Samuel Blatchford, Oelbermann v. Merritt — Opinion of the Court

“ Section 2930 of the Revised Statutes provides that the importer may, after the original appraisement of imported goods, give notice to the collector in writing of his dissatisfaction therewith, and that, on the receipt of such notice, 'the collector shall select one discreet and experienced merchant, to be associated with one of the general appraisers wherever practicable, or two discreet and experienced merchants, citizens of the United States, familiar with the character and value of the goods in question, to examine and appraise the same, agreeably to the foregoing provisions ”

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Source: Wikisource

Samuel Blatchford, Oelbermann v. Merritt — Opinion of the Court

“ Bates was not a merchant, that is, an experienced man, having some familiarity with these goods.' and 'that he was not of the class pointed out in the act of congress, as an experienced merchant,' must be regarded as emphasizing the word 'competent,' in view of the objection taken, that, if it were competent for the plaintiffs to try at all the question as to whether Mr. ”

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Source: Wikisource

Samuel Blatchford, Oelbermann v. Merritt — Opinion of the Court

“ Brubacker, 1 Rawle, 304; as to facts which occurred at or during the arbitration, and which tend to show the award to be void for legal cause, Strong v. Strong, 9 Cush. 560, 576; and as to whether a certain claim was included in the award, Hale v. ”

Samuel Blatchford

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