U.S. Circuit Court for the District of Southern New York, 1892

In re Ottenheimer

In re Ottenheimer
U.S. Circuit Court for the District of Southern New York · Decided January 8, 1892 · Wheeler
49 F. 222; 1892 U.S. App. LEXIS 1604
In re Ottenheimer

Opinion of the Court

Wheeler, District Judge.

In this case the question is whether the article — cotton corsets- — is properly classified as “wearing apparel.” In point of fact it is a waist, in which are inserted whalebones or steels for the support of the body and also for the support of the clothing. If you were to ask anybody who did not care anything about the matter in any way, but who know, whether that is an article of wearing apparel or clothing or not, or whether it is a mechanical contrivance, I rather think they would say it is a part of the clothing; that it would help to keep the body warm; and that it answers the purpose of a waist. I think it is clothing. The decision of the board of United States general appraisers may be affirmed. So ordered.

Note. The tariff act of March 3, 1883, was decided to be repealed by the tariff act of October 1, 1890, in Re Straus, 46 Fed. Rep. 522.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.