DIOGUARDI V. DURNING
139 F.2d 774 (2d Cir. 1944)
NATURE OF THE CASE: This was an action for damages from a conversion and a violation of
19 U.S.C. Section 1491. Dioguardi (P) appealed from an order that dismissed his complaint
for failing to state a cause of action in a case alleging negligence.
FACTS: Dioguardi (P) was acting in pro per. P was an importer of medicinal tonics from
Italy. The tonics P was importing somehow found their way to sale at a public auction. P
stated in a complaint, in an inadequate manner, that the Collector of Customs at the Port of
New York (D) had converted two cases of bottles belonging to P and that a public auction
which Durning (D1) held to sell items was illegal because it did not comply with 19 U.S.C.A.
Section 1491. P claimed that he was the first bidder at $110 and that D1 sold the goods to
another party at the same price. P asked for $5,000 in damages. The court granted D1's
motion to dismiss for a failure to state facts sufficient to constitute a cause of action. P
was allowed to amend his complaint. D moved again and the court then made a final judgment
dismissing that complaint. P appealed that judgment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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