
    Case No. 4,833.
    FISKE et al. v. SMYTHE.
    [15 Int. Rev. Rec. 115.]
    Circuit Court, S. D. New York.
    April 8, 1872.
    
    Edward Hartley and B. L. Ludington, fox-plaintiffs.
    Noah Davis, Dist. Atty., for defendant
    
      
       [Reversed in 23 Wall. (90 U. S.) 374.]
    
   After argument THE COURT charged the jury that the goods were not under the evidence, and in view of the cases cited, “ready-made clothing,” nor could they be liable to duty by similitude, under the act of 1842, because that law affected only non-enumerated articles, and these were enumerated under the title of wearing apparel; hence they were not dutiable as scarfs, and directed a verdict for the plaintiff.  