The Eleanor
Supreme Court of the United States
Appeal from the circuit court for the.district of Massachusetts. This ' schooner, with her cargo, the property of the claimant, on a voyage from Baltimore to Bordeaux, fell, in with the President and Congress frigates on the night of the 16th October, 1813. Commodore Rodgers was the commander of the President frigate, and the commodoré and commander of the squadron composed of those two ships, then in company.
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Appeal from the circuit court for the.district of Massachusetts. This ' schooner, with her cargo, the property of the claimant, on a voyage from Baltimore to Bordeaux, fell, in with the President and Congress frigates on the night of the 16th October, 1813. Commodore Rodgers was the commander of the President frigate, and the commodoré and commander of the squadron composed of those two ships, then in company. Captain Smith, deceased, and charged in the libel as a co-defendant, commanded the Congress. On the Eleanor being discovered by the t\vo frigates, she was chased by the Congress and…
1Opinion of the CourtJustice Johnson
This case, presents two questions, 1st. Are the ippellees entitled to recover?
2. Does their right of recdyery extend, to th,e commander of the squadron ?
In whatever view the case be considered, it is one of extreme hardship; both the claim and the defence are founded in the most rigid principles of the strictum jus; and it is impossible not to regret if the.libellant have no means of indemnity, or if that indemnity should be exacted of men whose characters and conduct were so far above all imputation of malice or oppression. Nor can this court altogether close its feelings against the claims…
2Cases cited1 opinion
- Murray v. Schooner Charming BetsySupreme Court of the United States · 1804
3Cited by17 opinions
- Bice v. Boothsville Telephone Co.West Virginia Supreme Court · 1907
- Boutwell v. Champlain Realty Co.Supreme Court of Vermont · 1915
- Clark v. RockwellMassachusetts Supreme Judicial Court · 1818
- (HC) Brownlee v. HillDistrict Court, E.D. California · 2024
- (HC) Cuevas v. SullivanDistrict Court, E.D. California · 2020
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