Suit by the Svenska Amerika Linien against Philip Elting, Collector of Customs, Port of New York. On motion to direct verdict.
Verdict directed in favor of plaintiff.
THACHER, District Judge.
Defendant justifies retention of plaintiff's money under section 16(c) of the Immigration Act of 1924 (8 USCA § 216), but under this section the Secretary was required to find either knowledge of or failure to exercise reasonable diligence to ascertain a fact, U.S. v. Compagnie Generale Transatlantique (C.C.A.) 26 F.2d 195, which was unknown and not discoverable until after the alien had been transported to this country, Compagnie Francaise de Navigation a Vapeur v. Elting (C.C.A.) 19 F.2d 773. From this it follows that his finding was arbitrary, and plaintiff is entitled to recover.
Verdict is accordingly directed in favor of plaintiff for the sum of $3,461.22.