Court : US Supreme Court
..... from siddons & johnston dated mansfield, 30 june, 1812, in which they say "we have this day consigned to you for sale on our account sixteen trunks, . . . (which are the goods claimed). we hope we shall shortly hear of sales being made by you, to advantage; we hope they will at least net us what they are invoiced at, covering all ..... alleging that he is the sole legal owner thereof. the papers connected with this shipment were as follow: 1. an invoice dated mansfield, 30 june, 1812, purporting the goods therein described to be shipped at liverpool, under insurance, consigned to mr. henry watkinson, new york, or in case of his absence to mr. john french ellis of ..... sent to those gentlemen by mr. watkinson, it is most manifest that they did not, in this case, act upon them, for the invoice and letter accompanying the shipment announce in terms not to be misunderstood that these goods were sent to the united states for the exclusive account and at the sole risk of the british manufacturers. it .....
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..... of the united states residing in scotland, to william steele, a citizen of the united states carrying on the business of the concern in new york. all the goods claimed except the 130 packages were incontestably the property of the claimants, and on the trial, restoration of two-thirds was decreed to robert thompson and william steele, ..... also appeared that his business was complicated, and required his attention after he ceased to engage in new adventures, but it did not appear that he had performed any act which could be considered as page 8 u. s. 337 commencing to return until august 1813, when he engaged a passage on board the robert burns. as to ..... . in this letter he writes on the business of the house, speaks of the consignments generally, recommends that the goods should be promptly sold at the market price, and accounts of sales returned, but makes no allusion to any interest in the goods of dalgleish & frame. page 8 u. s. 347 mr. chief justice marshall, after stating the facts of .....
Tag this Judgment!Court : US Supreme Court
..... that their partnership was dissolved, and the shipper had no instructions in what manner to direct to them. in this situation, he considered himself as acting most certainly for their advantage by addressing the goods to an agent residing in the same town with mckean & woodland, who should receive them to their use. in such a case, the court ..... to the claimants, they enclose a bill of parcels, by way of invoice, containing a positive acknowledgment of the sale to them, and the letter itself as well as that to harris, speaks of the goods expressly as their goods. the immediate consignee could therefore only be considered as the bailee of the claimants. nor does it appear that a ..... tender of the money would have been necessary to entitle them to receive the goods of harris as, in the letter of harris it is acknowledged to be a sale on credit, and particular discounts offered as an inducement for an early payment. indeed there are words in the letter to .....
Tag this Judgment!Court : US Supreme Court
..... very different determination. see the vreede scholtys, 5 rob. 5, note (a); the rendsborg, 4 rob. 98, 121. we all know that there are many acts which inflict upon neutrals the penalty of confiscation, from the subserviency which they are supposed to indicate to enemy interests; the carrying of enemy dispatches; the transportation of military ..... massachusetts syllabus the sailing on a voyage under the license and passport of protection of the enemy in furtherance of his views or interests constitutes such an act of illegality as subjects the ship and cargo to confiscation as prize of war. strictly speaking, in war all intercourse between the subjects and citizens of ..... may, under circumstances, be correct, but i do not understand that the purchase of goods of enemy manufacture, and avowedly belonging to an enemy, is legalized by the mere fact of the sale's being made in a neutral port. the goods must have become incorporated into the general stock of neutral trade before a belligerent can .....
Tag this Judgment!Court : US Supreme Court
..... jones in a house of trade. it is urged by the captors that the whole of this property ought to have been condemned as the sale property of jones. the bill of lading of these goods expresses them to be shipped by mcgregor & co. unto and on account of james magee & co. of new york. the invoice ..... by war, renders it extremely probable that in this new state of things, he must intend to return home, and will aid in the construction of any overt act by which such intention is manifested. dissolution of partnership, discontinuance of trade in the enemy country, a settlement of accounts, and other arrangements obviously preparatory to a change ..... of residence, are, in my opinion, such overt acts as may, under circumstances showing them to be made in good faith, entitle the claimant to restitution. i do not perceive the mischief or inconvenience that can result from the establishment of this principle. .....
Tag this Judgment!Court : US Supreme Court
..... and mcdougal, by the same instrument covenanted to man, victual, and navigate the brig at his own charge during the voyage and to receive on board any shipment of goods, not contraband, which the plaintiff should tender at the side of the ship or within reach of her tackles at new york and to stow and secure the same and ..... not show a depreciation of a moiety in value, excluding the memorandum articles. there is no evidence of the quantum of depreciation of any part of the cargo. the forced sales at antigua could not, under the circumstances, constitute a medium by which to ascertain it. admitting, therefore, the rule to be correct that the party had a right ..... such case, the general owner is also owner for the voyage. consequently, if he be master of the vessel, he is incapable of committing barratry. barratry is an act committed by the master or mariners of a ship for some unlawful or fraudulent purpose contrary to their duty to their owner whereby the latter sustains an injury. the facts .....
Tag this Judgment!Court : US Supreme Court
..... character of the agent is; the transaction page 12 u. s. 136 must have the same legal construction as though made by the aliens themselves. now admitting that this sale was not colorable, but bona fide, which, however, i am not at present disposed to believe, still it was a contract made with enemies pending a known war, ..... the claimant appealed to this court. the material question made at bar is this: can the pine timber, even admitting the property not to be changed by the sale in november, be condemned as prize of war? the cargo of the emulous having been legally acquired and put on board the vessel, having been detained by an embargo ..... under the authority of such letters is sued to a private armed vessel. page 12 u. s. 128 the "act concerning letters of marque, prizes and prize goods," certainly contains nothing to authorize this seizure. there being no other act of congress which bears upon the subject, it is considered as proved that the legislature has not confiscated enemy property .....
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..... the suits therefore would not imply a knowledge of the trust, and possession for fifty years, though with knowledge of a better title, if adversary, constitutes a good defense against that title. in 1796, charles alexander instituted a suit against sundry persons claiming the land in controversy for the purpose of altering the boundaries which had ..... survey, which they had agreed to surrender in the event of establishing a more western back line. and that therefore, in computing time, we must commence with the sale from parthenia dade to william hartshorne in may, 1778. had the land continued in possession of parthenia dade and her heirs, the question whether this contract was of ..... time in consequence of the war of the revolution will not be sufficient to take this case out of the act of limitations. the appellees title, being secured by a possession of more than fifty years, is unquestionably good, and it is proper that the doubts which hang over it should be removed. there is no error in .....
Tag this Judgment!Court : US Supreme Court
..... or those under whom they claim having, been in possession of the lands purchased or leased in their own right five whole years next before the passing of this act shall be good and effectual for the estate, and on the terms and conditions of such purchases and leases respectively, without impeachment, and against any contrary title now existing; but ..... estate was granted to the plaintiffs. the present action is brought to recover the money so received by burnes upon the ground that it was the proceeds of the sale and disposition of land included in beatty's patent. no demand or claim was ever made by beatty on burnes or his administrators in his lifetime for the ..... the court as follows: it is contended by the plaintiffs in error that the direction of the circuit court was erroneous 1. because the plaintiffs' intestate had a good and valid title to the land surveyed under his patent, and was therefore entitled under the 5th section of the maryland statute of 1791, to the money received by .....
Tag this Judgment!Court : US Supreme Court
..... ." the policy contained, in the printed part, the usual stipulation that the assured, in case of loss, shall labor, &c.;, for the preservation and recovery of the goods, to the expense of which the assurers would contribute according to the rate of the sum insured; in the policy is inserted in writing the words "warranted free from particular ..... the spartan was placed in the lazaretto. while it remained there performing quarantine, a body of french troops took possession of the city, seized the lazaretto, sequestered the goods there deposited, and refused to give them up until a ransom amounting to 53 percent on their estimated value should be paid for them. this ransom the owners or ..... the risk of the insurer. how then, it is asked, can the substitution of the lazaretto for the ship alter this risk? a substitution made not by the act of the parties, but of the government of the country? a substitution which does not alter the rights of the parties, since it leaves the lien of the master .....
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