16 U.S. 281 (_) 3 Wheat. 281 UNITED STATES v. PALMER et al. Supreme Court of United States. *284 March 13th. Blake, for the United States. *288 March 14th, 1818. MARSHALL, Ch. J., delivered the opinion of the court. In this case, a series of questions has been proposed by the circuit court of the United States for the district of Massachusetts, on which the judges of that court were divided in opinion. The questions occurred on the trial of John Palmer, Thomas Wilson and Barney Calloghan, who...
16 U.S. 157 (_) 3 Wheat. 157 UNITED STATES v. BEVANS. Supreme Court of United States. *158 February 14th. Webster, for the defendant. Wheaton, for the United States. *179 February 21st, 1818. MARSHALL, Ch. J., delivered the opinion of the court. The question proposed by the circuit court, which will be first considered, is, whether the offence charged in this indictment was, according to the statement of facts which accompanies the question, "within the jurisdiction or cognisance of the circuit...
16 U.S. 110 (_) 3 Wheat. 110 UNITED STATES v. 150 CRATES OF EARTHEN-WARE. Supreme Court of United States. MARSHALL, Ch. J., delivered the opinion of the court. In this case, the libel alleges, that the goods in question were exported from Bordeaux, in France, and entered at the office of the collector of the customs, at New Orleans, and that they were invoiced at a less sum than the actual cost thereof, at the place of exportation, with design to evade the duties thereon, contrary to the...
16 U.S. 37 (_) 3 Wheat. 37 The STAR: DICKENSON et al., Claimants. Supreme Court of United States. February 11th. Key, for the appellants and claimants. Winder and Harper, contrà. *38 *40 February 16th, 1818. STORY, Justice, delivered the opinion of the court. This is the case of an American ship, captured by the enemy, during the late war, and after condemnation and sale to an enemy merchant, re-captured by the American private armed ship Surprise. And the question is, whether, *86] under these...
16 U.S. 78 4 L. Ed. 338 3 Wheat. 78 The SAN PEDRO.—Valverde, Claimant . 1 February 11, 1818 THIS cause was ordered to farther proof at the last term. Farther proof was produced at the present term and the cause submitted thereon without argument. Feb. 7th. Mr. Chief Justice MARSHALL delivered the opinion of the court, affirming the decree of restitution in the court below, with a certificate of probable cause of seizure. 1 Decree affirmed. 1 Vide ante, Vol. II., p.9.
16 U.S. 36 (_) 3 Wheat. 36 The SAN PEDRO: VALVERDE, Claimant. [(a)] Supreme Court of United States. February 11th. MARSHALL, Ch. J., delivered the opinion of the court, affirming the decree of restitution in the court below, with a certificate of probable cause of seizure. Decree affirmed. NOTES [(a)] See 2 Wheat. 132 , 143.
16 U.S. 77 3 Wheat. 77 4 L. Ed. 338 The SAMUEL.— Beach , et al. Claimants. February 11, 1818 This cause, being an instance, or revenue cause, had been ordered to farther proof at a former term. 1 Feb. 3 th. Mr. Daggett , for the claimants, now offered to produce a witness to be examined, viva voce , in open court on farther proof; but the court, for the sake of convenience, ordered his deposition to be taken in writing out of court. Feb. 11 th. Mr. Chief Justice MARSHALL delivered the opinion...
16 U.S. 36 (_) 3 Wheat. 36 The SAMUEL: BEACH et al., Claimants. Supreme Court of United States. February 30th, 1818. Dagget, for the claimants. February 11th. MARSHALL, Ch. J., delivered the opinion of the court, reversing the decree of condemnation in the court below, and ordering the property to be restored as claimed. Decree reversed.
16 U.S. 27 (_) 3 Wheat. 27 The NEW YORK: TROUP, Claimant. Supreme Court of United States. THIS cause was argued by D.B. Ogden, for the appellant and claimant, and by Hopkinson and Baldwin, for the United States. [(a)] *28 *February 10th. LIVINGSTON, Justice, delivered the opinion of the court. This is an appeal from the circuit court for the southern district of New York. This ship was libelled for taking on board, at the Island of Jamaica, with the knowledge of the master, 51 puncheons of rum,...
16 U.S. 277 (_) 3 Wheat. 277 The NEPTUNE: HARROD et al., Claimants. Supreme Court of United States. February 26th, 1818. This cause was argued by D.B. Ogden and C.J. Ingersoll, for the appellants and claimants, and by the Attorney-General, for the United States. *DUVALL, Justice, delivered the opinion of the court. [*602 The ship Neptune, owned and commanded by Captain Myrick, arrived at New Orleans, from London, on the 20th of October 1815. On the next day, he appeared, in company with George...
16 U.S. 7 (_) 3 Wheat. 7 THE FRIENDSCHAFT: WINN et al., Claimants. Supreme Court of United States. *9 Wheaton, for the appellants and captors. Gaston, for the respondents and claimants. *21 February 6th, 1818. MARSHALL, Ch. J., delivered the opinion of the court, and after stating the facts, proceeded as follows: The appellants contend: 1st. That the sentence pronounced by the district court, in August 1814, which was affirmed by the circuit court, in May 1815, condemned finally the packages...
16 U.S. 112 (_) 3 Wheat. 112 THE FORTUNA: KRAUSE et al., Claimants. Supreme Court of United States. February 26th, 1818. JOHNSON, Justice, delivered the opinion of the court. Both vessel and cargo, in this case, are claimed in behalf of M. & J. Krause, Russian merchants, resident at Riga. The documents and evidence exhibit Martin Krause as the proprietor of the ship, but the master swears that he considered her as the property of the house of M. & J. Krause, from their having exercised the...
16 U.S. 27 (_) 3 Wheat. 27 THE DIANA. Supreme Court of United States. February 10th, 1818. Berrien, for the United States, inquired, whether the damages should be computed from the date of the bond given for the appraised value of the cargo, or from the decree of the district court. THE COURT was of opinion, that the damages should be computed at the rate of six per centum on the amount of the appraised value of the cargo, including interest from the date of the decree of condemnation in the...
16 U.S. 409 4 L. Ed. 422 3 Wheat. 409 THE ATLANTA.— Foussat Claimant. March 4, 1818 APPEAL from the circuit court for the district of Georgia. This ship, being a British armed vessel, was captured in the year 1814, on a voyage from Bordeaux to Pensacola, by the sloop of war Wasp, and sent into Savannah, in Georgia, where she was libelled, and condemned in the district court as prize of war. The cargo, which was claimed for M. Foussat, a merchant domiciled at Bourdeaux, was also condemned. On...
16 U.S. 201 (_) 3 Wheat. 201 The ANNE: BARNABEU, Claimant. Supreme Court of United States. *202 *437] *March 5th. Harper, for the appellant and claimant. D.B. Ogden and Winder, contrà. *205 March 7th, 1818. STORY, Justice, delivered the opinion of the court. The first question which is presented to the court is, whether the capture was made within the territorial limits of Spanish St. Domingo. The testimony of the carpenter and cook of the captured vessel distinctly asserts, that the ship, at...
16 U.S. 252 (_) 3 Wheat. 252 The AMIABLE NANCY. Supreme Court of United States. *257 This cause was argued by Sergeant and Baldwin, for the appellants. March 11th, 1818, STORY, Justice, delivered the opinion of the court. The jurisdiction of the district court to entertain *this suit, by virtue [*558 of its general admiralty and maritime jurisdiction, and independent of the special provisions of the prize act of the 26th of June, 1812, ch. 107. has been so repeatedly decided by this court,...
16 U.S. 392 3 Wheat. 392 4 L. Ed. 418 The AEOLUS— Wood , Claimant. February 27, 1818 APPEAL from the circuit court for the district of Massachusetts. This vessel and cargo were libelled in the district Court for the District of Maine, as forfeited to the United States, for lading on board at Liverpool, in Great Britain, certain goods which were of the growth, produce, and manufacture of Great Britain, with intent to import the same into the United States, and with the knowledge of the master,...
16 U.S. 168 3 Wheat. 168 4 L. Ed. 361 SWAN v. THE UNION INSURANCE COMPANY OF MARYLAND. February 18, 1818 ERROR to the circuit court for the district of Maryland. This was an action on a policy of Insurance upon the schooner Humming Bird, at and from New-York to Port au Prince, and at and from thence back to New-York. The policy was dated on the 21st of July, 1810, and the vessel sailed on the voyage insured on the 5th of that month. About the 5th of August following, she arrived at Port au...
16 U.S. 94 (_) 3 Wheat. 94 SHEPHERD et al. v. HAMPTON. Supreme Court of United States. *96 February 16th. Winder, for the plaintiffs. *204] *February 19th, 1818. MARSHALL, Ch. J., delivered the opinion of the court. The only question is, whether the price of the article, at the time of the breach of the contract, or at any subsequent time, before suit brought, constitutes the proper rule of damages in this case. The unanimous opinion of the court is, that the price of the article, at the time...
16 U.S. 276 (_) 3 Wheat. 276 ROSS v. TRIPLETT. Supreme Court of United States. March 12th, 1818. It was ordered to be certified to the circuit court for the district of Columbia, as follows: *277 *CERTIFICATE. This cause came on to be heard on the transcript of the record of the circuit court for the district of Columbia, and on the question certified, on which the judges of that court were divided, and was argued by counsel. On consideration whereof, this court is of opinion, that its...
