7 U.S. 331 3 Cranch 331 2 L. Ed. 457 WISE v. WITHERS. February Term, 1806 ERROR to the circuit court of the district of Columbia, in an action of trespass vi et armis , for entering the plaintiff's house, and taking away his goods. The defendant justified as collector of militia fines. The plaintiff replied, that at the time when, &c. he was one of the United States justices of the peace, for the county of Alexandria. This replication, upon a general demurrer, was, by a majority of the court...
7 U.S. 514 (_) 3 Cranch 514 WINCHESTER v. JACKSON AND OTHERS. Supreme Court of United States. Campbell, for defendants in error. THE writ of error was dismissed for want of jurisdiction, the parties not appearing upon the record to be citizens of different states.
7 U.S. 283 (_) 3 Cranch 283 WILSON v. SPEED. Supreme Court of United States. *285 Hughes, for the plaintiff in error. Breckenridge, Attorney-General, for defendant. *290 MARSHALL, Ch. J. delivered the opinion of the court. In this case, the errors assigned are, 1. That testimony has been improperly rejected by the judge of the district court. 2. That the caveat, as to that part of the land which was claimed in virtue of the survey on Wilson's settlement-right, was improperly dismissed. The...
4 U.S. 412 (_) 4 Dall. 412 The United States versus Richard Johns. Supreme Court of United States. *413 By the COURT: Upon a habeas corpus, we are only to inquire, whether the warrant of commitment states a sufficient probable cause to believe, that the person charged, has committed the offence stated. We have heard the evidence; and cannot doubt of its sufficiency to that extent. We do not think, that the prisoner ought either to be discharged, or bailed. He must be remanded for trial. II....
7 U.S. 399 (_) 3 Cranch 399 THE UNITED STATES v. HETH. Supreme Court of United States. Breckinridge, attorney general, in behalf of the United States. *407 JOHNSON, J. This is an amicable suit, instituted to try the question, whether the defendant, lately collector of the port of Petersburgh, was, after the 30th day of June, 1800, entitled to retain three per centum on the amount of sums received by him after that time, upon bonds for duties taken between that period and the last day of March,...
7 U.S. 337 (_) 3 Cranch 337 THE UNITED STATES v. GRUNDY AND THORNBURGH. Supreme Court of United States. *340 Breckinridge, Attorney-General of the United States. P.B. Key, and Martin, contra. *349 February 22. MARSHALL, Ch. J. delivered the opinion of the court. This action is brought to recover money, received by the defendants, for a ship sold by them as the assignees of Aquila Brown, a bankrupt: which ship is considered, in this cause, as having been liable to forfeiture, under the "Act for...
4 U.S. 426 4 Dall. 426 1 L. Ed. 894 The United States v. James McGill. Circuit Court, Pennsylvania District. October Term, 1806 1 THIS was an indictment for the murder of Richard Budden , containing three counts. 1st. Charging the murder to have been committed on the high seas. 2d. Charging it to have been committed in the haven of Cape Francois . 3d. Charging the mortal stroke to have been given on the high seas, and the death to have happened, on shore, at Cape Francois . 2 The indictment was...
4 U.S. 417 (_) 4 Dall. 417 Symonds versus The Union Insurance Company. Supreme Court of United States. *418 Rawle, for the plaintiff. Dallas, for the defendant. And the COURT, in the charge to the jury, declared the law to be clearly with the plaintiff; on which a verdict was found in his favour for the goods and freight, at the value insured, subject to a deduction of the proceeds of the homeward investment.
7 U.S. 267 (_) 3 Cranch 267 STRAWBRIDGE ET AL. v. CURTISS ET AL. Supreme Court of United States. The question of jurisdiction was submitted to the court without argument, by P.B. Key, for the appellants, and Harper, for the appellees. On a subsequent day, MARSHALL, Ch. J. delivered the opinion of the court. The court has considered this case, and is of opinion that the jurisdiction cannot be supported. The words of the act of congress are, "where an alien is a party; or the suit is between a...
4 U.S. 430 (_) 4 Dall. 430 Snell et al. versus The Delaware Insurance Company. Supreme Court of United States. *431 Dallas, for the plaintiffs. Rawle and Condy, for the defendants. But the COURT were clearly of opinion, that the plaintiffs were entitled to prove and to recover the actual value of the vessel, at the time she was insured. They said a contrary rule, would operate as injuriously to the underwriters, as to the merchant. For, if the merchant could not insure a ship, or goods, bought...
7 U.S. 300 (_) 3 Cranch 300 SIMMS AND WISE v. SLACUM. Supreme Court of United States. *303 C. Lee, for plaintiffs in error. Swann, for defendant in error. *306 MARSHALL, Ch. J. delivered the opinion of the majority of the court. This case depends on the construction of an act of the legislature of Virginia, which allows the prison-rules to a debtor whose body is in execution, on his giving bond, with sufficient security, not to go out of the rules or bounds of the prison; that is, while a...
7 U.S. 324 3 Cranch 324 2 L. Ed. 455 SCOTT v. NEGRO LONDON. February Term, 1806 1 ERROR to the circuit court of the district of Columbia, sitting at Alexandria. 2 Negro London brought an action of assault and battery against Scott, to try his right to freedom. His claim was grounded upon the act of assembly of Virginia, of the 17th December, 1792, P. P. 186; the 2 d section of which is in these words: 'Slaves which shall hereafter be brought into this commonwealth, and kept therein one whole...
4 U.S. 459 (_) 4 Dall. 459 Sansom versus Ball. Supreme Court of United States. *461 Lewis, Rawle, and J. Sergeant, for the plaintiff. M'Kean (Attorney-General) and Ingersoll, for the defendant. TILGHMAN, Chief Justice. In this case two questions have been made: 1st. Had the plaintiff an insurable interest 2d. If it was insurable, was it liable to a general average 1st. In order to determine whether the plaintiff's interest was insurable, we must first ascertain the nature of it. It seems to...
7 U.S. 499 3 Cranch 499 2 L. Ed. 511 SANDS v. KNOX. February Term, 1806 1 ERROR to the court for the trial of impeachments, and the correction of errors, in the state of New-York. 2 Thomas Knox , administrator, with the will annexed, of Raapzat Heyleger , a subject of the king of Denmark , brought an action of trespass vi et armis , in the supreme court of judicature, of the state of New-York, against Joshua Sands , collector of the customs for the port of New-York, for seizing and detaining a...
7 U.S. 249 (_) 3 Cranch 249 SARAH AND ABIGAIL SILSBY, v. THOMAS YOUNG AND ENOCH SILSBY. Supreme Court of United States. *253 Morsell, for plaintiffs in error. *256 Harper, for the defendant. P.B. Key, for the defendants. *261 MARSHALL, Ch. J. delivered the opinion of the court. This being a suit in chancery, brought by legatees claiming an account, in order to the payment of their legacies, and their bill having been dismissed without an account, the decree can only be supported, by showing...
4 U.S. 421 (_) 4 Dall. 421 Russel, for the use of Crucet, versus the Union Insurance Company. Supreme Court of United States. *423 Ingersoll and Rawle, for the plaintiff. E. Tilghman and Dallas, for the defendants. WASHINGTON, Justice. Though the case involves points of some novelty, and of considerable difficulty we have so far satisfied our minds, that we will not request the jury, to reserve any *424 thing for future consideration, although either party is at liberty to move for a new trial....
7 U.S. 503 (_) 3 Cranch 503 RANDOLPH v. WARE. Supreme Court of United States. *504 C. Lee, for the appellant. P.B. Key, contra. *509 JOHNSON, J. I found my opinion in this case upon a single consideration. It was incumbent on the appellant to show that Evans' neglecting to comply with his promise to insure, made Farrel & Jones liable. I think it did not, because it appears that Farrel & Jones did not generally hold themselves bound to insure shipments of tobacco, without receiving express...
4 U.S. 434 (_) 4 Dall. 434 Ozeas versus Johnson, Administrator of Foulke. Supreme Court of United States. *435 Hopkinson, for the defendant. TILGHMAN, C.J. It was my wish to support the action, if possible; because the jury have decided on the merits of the cause. But, upon a deliberate consideration of the nature of the action, and the authorities which have been cited, I am convinced that the plaintiff cannot recover. Money received by one partner, during the partnership, is not received for...
4 U.S. 455 (_) 4 Dall. 455 Morgan et al. versus The Insurance Company of North America. Supreme Court of United States. *456 *457 The chief justice delivered the following opinion, in which BRACKENRIDGE Justice, concurred. TILGHMAN, Chief Justice. This is an action on a policy of insurance on freight of the brig Amazon, from Philadelphia to Surinam, valued at 3500 dollars. The brig sailed from Philadelphia on the 7th of August 1790 with a cargo consisting of provisions and merchandize, and...
7 U.S. 249 (_) 3 Cranch 249 MONTALET v. MURRAY. Supreme Court of United States. P.B. Key, for defendant. Dismissed. The Chief Justice also stated, in answer to a question from the clerk, that in such cases, costs go of course.
