New York Supreme Court February 15, 1804 (Imlay v. Sands)

Hoffman for the demurrant.

The only queftion is, whether the fadts fet forth on the record be a fuificient juftification of Sands, the colledtor, for the trefpafs with which he is charged. It has long been fettled that probable caufe of feizure cannot be urged by a cuftom-houfe/officer in ex-cufe, if the event prove that there was no legal and adtual reafon for the taking. In Leglife v.