United States v. Sixty-Five Cases of Glove Leather

• Decision Date: 27 December 1918
• Citation: 254 F. 211
• Parties: UNITED STATES v. SIXTY-FIVE CASES OF GLOVE LEATHER (KARPLUS & HERZBERGER, Claimants).
• Court: U.S. District Court — Northern District of New York

254 F. 211

UNITED STATES v. SIXTY-FIVE CASES OF GLOVE LEATHER (KARPLUS & HERZBERGER, Claimants).

United States District Court, N.D. New York.

December 27, 1918

D. B Lucey, U.S. Atty., of Ogdensburg, N.Y.

Brown &amp Gerry, of New York City (Walter H. Dodd, of New York City, of counsel), for claimants.

RAY District Judge.

In 1912, a special agent of the Treasury Department of the United States actually seized 65 cases of glove leather which had been imported into the United States from Germany on the ground same had been fraudulently undervalued. The goods before such seizure were in the actual possession of one Joseph Bondy at Gloversville, N.Y., in the Northern district who was the acting agent of Karplus & Herzberger, of Germany and who were the owners, consignors, and importers.

An agreement was entered into between such importers, represented by Mr. Bondy and the United States, acting through the Treasury Department, by which $6,000 was to be and was deposited by such importers with the collector of customs at Albany, N.Y., Northern district of New York, as representing such goods and in place of same and as representing their maximum value, and which agreement contained the following:

'In event of any judgment of forfeiture or otherwise being obtained, or in event that any liability arising from the importation of said merchandise shall accrue to the United States, in so far as the said sum of $6,000 may be applicable, it shall be applied to the satisfaction in settlement of such liability or judgment.'

The United States, acting by the agent of the Treasury, thereupon relinquished and surrendered possession of the said glove leather to said Bondy, representing Karplus & Herzberger, who disposed of such property. The said $6,000 so deposited was subsequently paid over to the collector of customs in the city of New York and is now in his hands awaiting the final disposition of this case.

On the 16th day of January, 1914, this action was commenced for the forfeiture of such glove leather on the grounds same had been undervalued and a writ was issued. Same was returned with the following return indorsed thereon by the United States marshal:

'Not executed by direction of United States attorney. The claimant has filed a bond for $6,000 to cover any damages which the government might recover, and the defendants' property was returned to them.'

The said $6,000 was then in the hands of the United States under the agreement referred to. From November 10, 1914, when issue was joined, until about February, 1918, no further action was taken. In the meantime another case had been pending, involving some of the question involved in this case, and there had been a change in the office of the United States attorney for the Northern district of New York.

On the 14th day of November, 1917, this court, on its own motion, made and entered a general order during the continuance of the October term held at Auburn, N.Y., wherein and whereby it was . . .

'Ordered that in all cases at law now pending in the Northern district of New York, or hereafter docketed and pending, and where action is not stayed or enjoined by a court or a judge of competent jurisdiction, in which no action has been or is taken by the attorneys or parties, or either of them, within the two years last past, or following such docketing in cases hereafter docketed, the same be dismissed for want of prosecution, without prejudice, and that the clerk enter in the docket of such cases the words 'Dismissed W.P.,' which shall mean dismissed without prejudice: Provided, however, that on application and motion of either party, and for cause shown, such cause so dismissed may be revived, and its prosecution resumed or continued; and provided, further,...