Rederiaktiebolaget Nordstjernen v. United States

This is an appeal from a judgment for defendant in a suit brought under’ the Tucker Act, 28 USCA § 41 (20j, to recover the amount of a fine of $1,000 paid under protest and alleged to have been unlawfully assessed and collected by the collector of customs for Customs Division No. 27, State of California.

To appellant’s second amended complaint demurrer was sustained and judgment of dismissal with costs entered.

The complaint as amended in substance alleges that plaintiff is a corporation organized and existing under the laws of the Kingdom of Sweden, and is the owner and operator of various vessels plying between ports of the United States and various ports of Europe; that one of said vessels, the Axel Johnson, was engaged in a trip from the port of Antwerp, Belgium, to the port of San ’ Pedro, Cal.; that prior to the sailing of said vessel plaintiff’s agents booked for passage Josephine Baardsen, and that “prior thereto, made due inquiry in good faith as to the right of said passenger to come to and remain within the United States,” and at the time of bringing said passenger — September, 1929 — to the port of San Pedro “acted in good faith and in the belief that she had the…