19 U.S. 146 (1821) 6 Wheat. 146 YOUNG v. BRYAN et al. Supreme Court of United States. February 22, 1821. *147 Mr. Eaton, for the plaintiff in error. Mr. Sergeant, contra. *151 Mr. Chief Justice MARSHALL delivered the opinion of the Court, that a suit may be brought in the Circuit Court by the endorsee against the endorser, whether a suit could be there brought against the drawer or not. In such a case, the endorser does not claim through an assignment. It is a new contract *152 entered into by...
19 U.S. 240 (1821) 6 Wheat. 240 WILLINKS v. HOLLINGSWORTH et al. Supreme Court of United States. February 23, 1821. March 8, 1821. *245 Mr. Harper and Mr. Winder, for the plaintiffs. Mr. Pinkney and Mr. D.B. Ogden, contra. *251 Mr. Chief Justice MARSHALL delivered the opinion of the Court, and after stating the facts, proceeded as follows: On the first branch of the question certified from the Circuit Court, no doubt can be entertained. The defendants having received the cargo of the Henry Clay,...
19 U.S. 135 (1821) 6 Wheat. 135 UNITED STATES v. WILKINS. Supreme Court of United States. February 9, 1821. February 14, 1821. *138 This cause was argued by the Attorney-General, [a] for the United States, and by Mr. Jones and Mr. B. Hardin, for the defendant. Mr. Justice STORY delivered the opinion of the *139 Court. This case comes up from the Circuit Court of Kentucky, upon a division of opinion of the Judges upon certain questions stated in the record. It appears from the record, that the...
19 U.S. 520 (1821) 6 Wheat. 520 The UNITED STATES v. SIX PACKAGES OF GOODS, Toler, Claimant. Supreme Court of United States. March 12, 1821. March 14, 1821. *521 The cause was argued by the Attorney-General, and Mr. Pinkney, for the United States, and by Mr. D.B. Ogden and Mr. Wheaton, for the claimant. Mr. Justice LIVINGSTON delivered the opinion of the Court. This is a libel under the 67th section of the collection law, passed the 2d of March, 1799. This section provides, that it shall be...
19 U.S. 572 (1821) 6 Wheat. 572 THE UNION BANK v. HYDE. Supreme Court of United States. March 14, 1821. March 16, 1821. This cause was argued by Mr. Jones, for the plaintiff in error, and by Mr. Swann and Mr. Key for the defendant in error. Mr. Justice JOHNSON delivered the opinion of the Court. This cause turns upon the construction of a written *573 instrument, in these words: "I do request that hereafter any notes that may fall due in the Union Bank, on which I am, or may be endorser, shall...
19 U.S. 542 5 L. Ed. 326 6 Wheat. 542 The UNITED STATES v. DANIEL. March 15, 1821 THIS was an indictment in the Circuit Court of South Carolina against Lewis Daniel, charging him with having knowledge of the actual commission of the crime of wilful murder, committed on the high sea, by John Furlong; and with unlawfully, wickedly, and maliciously, concealing the same, &c. The indictment set forth, at large, the indictment and conviction of John Furlong, for wilful murder on the high seas, and...
19 U.S. 187 (1821) 6 Wheat. 187 The ROBERT EDWARDS. Savage, Claimant. Supreme Court of United States. February 17, 1821. February 26, 1821. *188 This cause was argued by Mr. Winder and Mr. Raymond, for the appellant and claimant, and by the Attorney-General for the United States. Mr. Justice LIVINGSTON delivered the opinion of the Court. This is a libel for an alleged forfeiture under the 46th section of the Collection Law, passed the second of March, 1799. This section exempts from duty the...
19 U.S. 193 (1821) 6 Wheat. 193 The NUEVA ANNA and LIEBRE. The Spanish Consul, Claimant. Supreme Court of United States. February 27, 1821. This cause was argued by Mr. Hopkinson for the respondents and libellants, no counsel appearing for the appellant and captors. The COURT stated, that it did not recognise the existence of any Court of Admiralty sitting at Galveztown, with authority to adjudicate on captures, nor had the Government of the United States hitherto acknowledged the existence of...
19 U.S. 452 (1821) 6 Wheat. 452 The JONQUILLE. Supreme Court of United States. March 8, 1821. Mr. Wheaton, for the respondents. The COURT stated, that the case was within the spirit of the 20th rule of Court, although that rule applied, in terms, only to writs of error. Motion granted. [a] NOTES [a] Vide new rule of Court of the present term. Ante, Rule XXXII.
19 U.S. 194 5 L. Ed. 239 6 Wheat. 194 The COLLECTOR. Wilmot , Claimant. March 2, 1821 APPEAL from the Circuit Court of Maryland. The facts of this case were as follow: In the year 1807, the schooner Collector and cargo were libelled in the District Court of the district of Maryland, as folfeited under the act of Congress, prohibiting commercial intercourse with certain ports of St. Domingo. John Wilmot, the present petitioner and libellant, and the house of Tagart & Caldwell, claimed the whole...
19 U.S. 152 5 L. Ed. 229 6 Wheat. 152 THE BELLO CORRUNES. The Spanish Consul , Claimant. February 26, 1821 APPEAL from the Circuit Court of Rhode Island. This was the case of a Spanish vessel and cargo, stranded on Block Island, and there seized by the officers of the customs. An information on behalf of the United States, was filed in the District Court, against the property, as forfeited, for an alleged breach of the revenue laws. His Catholic Majesty's Vice Consul for the district of Rhode...
19 U.S. 1 (1821) 6 Wheat. 1 The AMIABLE ISABELLA, Munos, Claimant. Supreme Court of United States. February 22, 1820. March 4, 1820. March 15, 1820. February 22, 1821. *11 Mr. Gaston, for the appellant and claimant. Mr. Wheaton, for the captors and respondents. Mr. Harper, for the claimant and appellant. Mr. Harper, contra. *51 Mr. Pinkney, for the captors and respondents. Mr. Harper, contra. Mr. Harper, for the claimant and appellant. The motion was opposed by the Attorney-General and Mr....
19 U.S. 119 (1821) 6 Wheat. 119 THATCHER et al. v. POWELL et al. Lessee. Supreme Court of United States. February 12, 1821. This cause was argued at the last term, and at the present term the opinion of the Court was delivered by Mr. Chief Justice MARSHALL. This was an action of ejectment instituted by the defendants in error against the plaintiffs, to recover 640 acres of land in Montgomery county. Upon the trial in the Court below, the lessors of the plaintiffs, in support of their title,...
19 U.S. 450 (1821) 6 Wheat. 450 SULLIVAN et al. v. THE FULTON STEAM BOAT COMPANY. Supreme Court of United States. March 8, 1821. *451 Mr. Webster, for the appellants. DECREE. On motion of the appellants, by their counsel, and on inspection of the transcript of the record of the Circuit Court for the Southern District of New-York, it is DECREED and ORDERED, that the decree of the said Circuit Court, in this case, be, and the same is hereby affirmed, it not appearing from the record that the said...
19 U.S. 519 (1821) 6 Wheat. 519 SPRING et al. v. The SOUTH CAROLINA INSURANCE COMPANY. Supreme Court of United States. March 15, 1821. Mr. Hunt, for the respondents. Mr. Wheaton, for the appellants. *520 The COURT denied the motion, but stated that as the object of the respondents was to have the proceeds of the property in litigation, which had been sold by order of the Court below, invested in stocks, such investment might be made by the Court below, notwithstanding the pendency of the appeal...
19 U.S. 176 (1821) 6 Wheat. 176 SMITH et al. v. UNIVERSAL INSURANCE COMPANY. Supreme Court of United States. February 17, 1821. February 26, 1821. *181 Mr. Winder and Mr. Raymond, for the plaintiffs. Mr. Pinkney, and Mr. D.B. Ogden, contra. *183 *184 Mr. Justice STORY delivered the opinion of the Court, and, after stating the facts, proceeded as follows. Upon these facts, the Circuit Court directed the jury that the plaintiffs were not entitled to recover; and the propriety of this direction is...
19 U.S. 128 (1821) 6 Wheat. 128 RANDOLPH et al. v. BARBOUR et al. Supreme Court of United States. February 12, 1821. Mr. B. Hardin, for the respondents. The COURT, stated that the case was within the spirit of the 20th rule of Court, although that rule applied, in terms, only to writs of error. Motion granted. ORDER. A certificate, from the Clerk of the Circuit Court for the District of Kentucky, stating that an appeal had been taken in this case in May term, 1819, from the decree of the said...
19 U.S. 481 (1821) 6 Wheat. 481 PREVOST v. GRATZ et al. GRATZ et al. v. PREVOST. Supreme Court of United States. February 28, 1821. March 13, 1821. *488 Mr. Webster and Mr. D.B. Ogden, for the plaintiff. Mr. Pinkney and Mr. Sergeant, contra. *492 Mr. Justice STORY delivered the opinion of the Court, and after stating the proceedings in the Court below, proceeded as follows. The first point upon which the cause was argued, respects the tract of land on the Tenederah River. It appears from the...
19 U.S. 580 (1821) 6 Wheat. 580 PRESTON'S HEIRS v. BOWMAR. Supreme Court of United States. March 12, 1821. March 16, 1821. *581 This cause was argued by Mr. B. Hardin, for the plaintiff, and by Mr. Talbot, for the defendant. Mr. Justice STORY delivered the opinion of the Court. Whatever might be our opinion (and we wish to be understood as expressing none) if the question in this case were entirely new, it cannot be affirmed, that there has been such a clear mistake of construction, as that...
19 U.S. 583 (1821) 6 Wheat. 583 OTIS v. WALTER. Supreme Court of United States. March 12, 1821. March 16, 1821. THIS cause was argued by the Attorney-General for the plaintiff in error, and by Mr. Webster and Mr. Wheaton for the defendant in error. [a] *584 Mr. Justice LIVINGSTON delivered the opinion of the Court. This is an action of trover brought by the defendant in error, against the plaintiff and others, in the Court of Common Pleas, held at Boston, within and for the county of Suffolk,...
