Legal Opinion

Winston v. United States

United States Court of Claims

Decided February 18, 1889No. French Spoliations 3158, 1581PublishedCited by 8 opinions

The Reporters' statement of the case: The following are the facts as found by the court and reported to Congress: I. James Stewart and James Barr were both citizens of the United States, and they did business in Philadelphia under the firm-name of Stewart & Barr. The firm owned the ship J oanna, a merchant vessel of the United States of 284ff tons burden, built in North Carolina in 1796, registered in Philadelphia in 1797, and commanded by Alexander Boggs. II.

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The Reporters' statement of the case: The following are the facts as found by the court and reported to Congress: I. James Stewart and James Barr were both citizens of the United States, and they did business in Philadelphia under the firm-name of Stewart & Barr. The firm owned the ship J oanna, a merchant vessel of the United States of 284ff tons burden, built in North Carolina in 1796, registered in Philadelphia in 1797, and commanded by Alexander Boggs. II. June 29, 1798, at Philadelphia, articles of affreightment were entered into by and between William Madure So Co., acting for Alexander…

1Opinion of the CourtDavis, J.

* The Joanna, a registered merchant vessel of the United States, sailed in August, 1798, from City Point, Va., laden with tobacco consigned to an Englishman residing in Bristol, England, who, the court find, owned the cargo. The Joanna, while *202pursuing ber voyage to Bristol, was captured upon the high seas by a French privateer; she was taken into La Rochelle, and was there tried by the proper tribunal and condemned. The specific ground of condemnation seems to have been an insufficiency in the form of her crew list; but as she was fully documented — having on board her register, a sea-letter,…

2Cases cited5 opinions

  1. Gray v. United StatesUnited States Court of Claims · 1886
  2. Hooper v. United StatesUnited States Court of Claims · 1887
  3. Ex parte AinsworthTexas Supreme Court · 1865
  4. Burkhammer v. Division of HighwaysWest Virginia Court of Claims · 1999
  5. Hepner v. Division of Motor VehiclesWest Virginia Court of Claims · 1997

3Cited by8 opinions

  1. Adams v. United StatesUnited States Court of Claims · 1904
  2. English v. United StatesUnited States Court of Claims · 1894
  3. English v. United StatesUnited States Court of Claims · 1904
  4. the Schooner Betsey.United States Court of Claims · 1909
  5. Clinch v. United StatesUnited States Court of Claims · 1909

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