From our private database of 26,900+ case briefs...
Dioguardi v. Durning
United States Court of Appeals for the Second Circuit
139 F.2d 774 (2d Cir. 1944)
Dioguardi (plaintiff) attempted to import medicinal tonics from Italy. He got into a dispute with his shipper as to how much he owed for the shipment and as a result, the Collector of Customs at the Port of New York (Durning) (defendant) held the tonics for one year and then sold them at public auction pursuant to federal law. Dioguardi brought suit, asserting in his “home drawn” complaint that (1) the Collector sold the bottles to another party for $10 less than the plaintiff bid at the auction, and (2) three weeks before the sale, two cases of the tonics disappeared, presumably at the fault of the Collector. The district court dismissed the complaint for failure to state a claim upon which relief could be granted. The plaintiff appealed.
Rule of Law
Holding and Reasoning (Clark, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 541,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 541,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.