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ARTHUR v. HEROLD

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100 U.S. 75 (1879)

25 L.Ed. 568

ARTHUR, v. HEROLD.

Supreme Court of United States.

November 24, 1879.

Attorney(s) appearing for the Case

Mr. Assistant Attorney-General Smith for the plaintiff in error.

Mr. Stephen G. Clarke for the defendant in error.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

We think it was not error for the court to say to the jury that ground chicory was the same thing as burnt chicory. The chicory root cannot be ground until it is burned, and burnt chicory is not an article of commerce until it is ground. Whether or not the article imported was a new preparation, and something other than ground chicory, that is to say, whether it was...

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