Clinton v. Strong
New York Supreme Court
IN ERROR, on certiorari, from the justices’ court of the city °f Nero- York. Selah and James Strong brought an action in the court below, against C. Clinton, clerk of the district court of the Nem-York district, for monev had and received to the use of the . .„ " plaintiffs, to recover back 31 dollars, with interest. On the trial °f the cause, in the court below, on the 14th November, 1810, following facts appeared in evidence.
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IN ERROR, on certiorari, from the justices’ court of the city °f Nero- York. Selah and James Strong brought an action in the court below, against C. Clinton, clerk of the district court of the Nem-York district, for monev had and received to the use of the . .„ " plaintiffs, to recover back 31 dollars, with interest. On the trial °f the cause, in the court below, on the 14th November, 1810, following facts appeared in evidence. The plaintiffs were American citizens, and sole owners of the ship Jane Bantes, an American vessel, and of 67 tons of salt, part of her cargo. The ship sailed from…
1Per curiam
The plaintiff in error contends, 1. That costs were claimable from the owners of the property; 2, That this was, at least, a question for the exclusive cognisance of the district court; 3. That the payment of the costs was voluntarily made, pending a course of judicial proceeding.
1. As the defendants’ vessel sailed from England, before notice of the president’s proclamation of the 2d November, 1810, was or could have been known there, and as she arrived in ther United States, soon after the 2d of February, 1811, she was not, in justice and equity, liable to condemnation for a breach of the…
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