Court : US Supreme Court
..... in the circuit court of rhode island, brought up to this court on appeal. messrs. dunham & randolph merchants of new york, claimed three bales and nineteen boxes of goods shipped by alexander thompson of glasgow, a british subject, and consigned to dunham & randolph. the bill of lading is in their names, and the invoice purports to be ..... then adds, "considering the circumstances of the times, i thought it best to inform messrs. falconer, jackson & co. fully of the conditions on which i have shipped you the goods by the fanny and frances. " in a letter to messrs. falconer, jackson & co. of the same date, he explains in full the proposition he had made to dunham ..... & randolph and directs how those gentlemen are to act for him should dunham & randolph reject the consignment. page 12 u. s. 355 this property was condemned in the courts below, and from the sentence of condemnation the .....
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..... 156 the material facts in the case were these: jabez harrison, a native american citizen, the claimant and appellant in this case, had purchased a quantity of english goods in england before the declaration of war by the united states against that country and deposited them on a small island belonging to the english, called indian island and ..... ," they had acquired the character of enemies' property. a claim was also interposed by the united states on the ground of a violation by the rapid of the nonintercourse act. this claim was also rejected. from the decree of the circuit court, the united states and harrison appealed. page 12 u. s. 159 johnson, j. delivered the ..... answer. if the right to capture property thus offending grows out of the state of war, it is enough to support the condemnation in this case that the act of congress should produce a state of war and that the commission of the privateer should authorize the capture of any property that shall assume the belligerent character. .....
Tag this Judgment!Court : US Supreme Court
..... in their own behalf and by others in behalf of their correspondents in the interior. from the evidence introduced into the cause it appeared that part of the goods, although expressed to be on account and risk of the consignees, was shipped without previous orders or authority; that some of them were shipped under general orders ..... that the president shall be authorized "to establish and order suitable instructions for the better governing and directing the conduct" of private armed vessels commissioned under the act, their officers and crews. the language of this provision is very general, and in our opinion it is entitled to a liberal construction, both upon the ..... (transmitted in time of peace) to ship goods; others under particular orders given during the operation of the orders in council and the nonintercourse act, such as to ship "when the trade opened," "at a proper season," "as soon as it was legal .....
Tag this Judgment!Court : US Supreme Court
..... s. 54 of the court that such taxes or claims are justly due, judgment shall be granted and an execution shall issue thereupon, with the costs of suit, against the goods and chattels of the defaulter, if any can be found within the town; if not, that the whole property upon which the tax or claim is due shall, by order ..... who was proprietor at the time of the assessment of the taxes, dismissed the motion, and the common council brought their writ of error. the 11th section of the act to amend the charter of alexandria is as follows: "be it further enacted that whenever taxes upon real property or other claims charged upon real property within the town shall ..... personally liable for arrears of taxes assessed before his purchase. this was a motion in the court below for judgment, and execution against preston, under the 11th section of the act of congress of 25 february, 1804, "to amend the charter of alexandria," vol. 7, p. 48, for taxes due to the corporation for the years 1804-1806 on a .....
Tag this Judgment!Court : US Supreme Court
..... without argument, and is fully stated in the opinion which was delivered as follows, by duvall, j. the material facts upon the record are these: on 4 june, 1810, sundry goods, wares, and merchandise, the property of wellman & ropes, were attached by the deputy of bailey bartlett, sheriff of the county of essex, state of massachusetts, by virtue of certain writs ..... his creditors or in which the estate and effects of an absconding, concealed, or absent debtor shall have been attached by process of law as to cases in which an act of legal bankruptcy shall have been committed. at present there is no existing bankrupt law in the united states, but in many of the states provision is made by law ..... of this court is whether the priority to which the united states are entitled by law attaches in this case. this priority is given by the 5th section of the act of 3 march, 1797, ch. 74. it is also given by the 65th section of the collection law in the words following: "and in all cases of insolvency or .....
Tag this Judgment!Court : US Supreme Court
..... of buenos ayres of which he was to be the consignee and which he would sell on a commission of 10 percent on the amount of sales at buenos ayres. these goods were selected, purchased, and consigned to manuel pinto. the bills of lading were in his possession, and he considered his interest under this contract ..... of constructive cooperation and hostility is far less certain and direct. to condemn in such case is pushing the doctrine to a great extent, since it is acting upon the presumption, which is not permitted to be contradicted, that all the convoyed ships distinctly understood and adopted the objects of the convoy and intimately blended their ..... to receive the protection of belligerent force in such manner and under such circumstances as the belligerent may choose to apply it. it is an adoption of his acts and an assistance of his interests during the assumed voyage. to render the convoy an effectual protection, it is necessary to interchange signals and instructions, to communicate .....
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..... arnold v. united states 13 u.s. 104 error to the circuit court for the district of rhode island syllabus the double duties imposed by the act of july 1, 1812, accrued upon goods which arrived within a collection district on that day. to constitute an importation so as to attach the right to duties, it is necessary not ..... as aforesaid on 2 july, 1812, neither they, the defendants, nor the collector of the customs for said district of providence had any knowledge of the act entitled 'an act for imposing additional duties upon all goods, &c.;, imported from any foreign port or place, and for other purposes,' passed on 1 july, 1812, nor was the said last mentioned ..... an additional duty of 100 percent upon the permanent duties now imposed by law, &c.;, shall be levied and collected upon all goods, wares, and merchandises which shall, from and after the passing of this act, be imported into the united states from any foreign port or place." it is contended that this statute did not take effect .....
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..... directing him absolutely to remit all penalties and forfeitures incurred by violating the nonintercourse laws, in all cases of importation made before the passage of the act, in american vessels, provided the goods were the property of citizens of the united states and the vessels departed from any port of the united kingdom of great britain and ireland between ..... sent to bristol to be shipped, where they arrived in july and august, whence they were shipped early in august on board the american brig mary. that the goods were the sole property of the claimant, for himself and the other heirs of general fisher. that he left england as soon as his business was settled, and ..... 23 june and 15 september then preceding. page 13 u. s. 150 this act does not contemplate the conduct of captors or the rights of war. its .....
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..... . they take the property in every respect encumbered with the obligation to make good the contracts of morris, nicholson, and greenleaf with him, not only on general principles, but by express exception in favor of existing liens and encumbrances. with ..... of eviction. law's knowledge of the encumbered state of the title is of no consequence whilst the opposite party was under an obligation to make that title good and sufficient. the assignees are, in this respect, in no better situation than the original parties. their rights and interests are altogether subordinate to those of law ..... interest to satisfy the judgment so as to leave the plaintiff still under the necessity of applying to an equitable tribunal to effect a sale. but the majority is of opinion that the attachment act, in making this interest tangible, makes it subject to the ordinary process of the law courts, and that in vesting in the .....
Tag this Judgment!Court : US Supreme Court
..... january, 1801 (the date of the bond), $3,713.98, and no more, which sum, together with the sum of $50, which he had before received for the sales of the goods and chattels of the said john lamb, be never had, nor any part thereof, before the said district court, to render to the united states, and never paid the ..... condition of the bond is as follows: "whereas the above bound aquila giles hath been appointed the marshal in and for the new york district, in pursuance of an act entitled 'an act to establish the judicial courts of the united states,' now, the condition of the preceding obligation is such that if the said a. g. shall, by himself ..... the condition of which was as follows: "whereas the above bound aquila giles hath been appointed the marshal in and for the new york district in pursuance of the act entitled 'an act to establish the judicial courts of the united states,' now therefore, the condition of the preceding obligation is such, that if the said aquila giles shall, by himself .....
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