United States Customs Court, 1943

Protest 34481-K of Elder

Protest 34481-K of Elder
United States Customs Court · Decided January 11, 1943 · Walker
10 Cust. Ct. 369
Protest 34481-K of Elder

Opinion of the Court

Opinion by

Walker, J.

At the trial the importer testified, and one of the so-called kernels which the witness called a “nut” was received in evidence as exhibit 2. However, this witness displayed no qualifications to enable him to testify with authority that exhibit 2 is a nut, nor does it appear that he is a botanist or had any extensive learning or experience on the subject of nuts. No other witnesses were called. On the record presented, which was held insufficient to warrant a finding *370that the oil in question has therapeutic or medicinal properties and is chiefly used for medicinal purposes, and no effort having been- made to prove that the oil in .question -was not edible, all claims in the protest were overruled.

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