Legal Opinion

Cole v. United States

United States Court of Claims

Decided January 18, 1892No. 1066PublishedCited by 3 opinions

The Reporters’ statement of tbe ease: Tbe following are tbe facts of tbe ease as found by tbe court: I. Tbe brig Yenus cleared from tbe port of Wells, in Massachusetts (now Maine) on tbe lOtb July, 1796, for Jeremie.

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The Reporters’ statement of tbe ease: Tbe following are tbe facts of tbe ease as found by tbe court: I. Tbe brig Yenus cleared from tbe port of Wells, in Massachusetts (now Maine) on tbe lOtb July, 1796, for Jeremie. Not finding a market there, she sailed for Port au Prince on tbe 8th August, 1796, where tbe cargo was sold, and tbe proceeds invested in a return cargo, consisting exclusively of molasses, laden with which she sailed from Port au Prince on tbe 10th September, bound for her home port. On the 12th September, 1796, she was captured by tbe French privateer La Republique Triomphante,…

1Opinion of the CourtNott, J.

This case was among the first of the French spoliation cases which came before the court, having been submitted in June, 1888. On the 31st December following the court, in view of the novel questions and large amounts involved in this branch of its jurisdiction and out of abundant caution, remanded the case for argument upon the facts found. For reasons not knowfi to the court the hearing has been postponed until the present time, January, 1892.

Since the case was sent back for argument the legal question involved has been deliberately considered in many other cases, and repeatedly decided in…

2Cited by3 opinions

  1. Adams v. United StatesUnited States Court of Claims · 1911
  2. Duvall v. United StatesUnited States Court of Claims · 1915
  3. Smyth v. United StatesUnited States Court of Claims · 1912

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