Peisch and Others v. WARE AND OTHERS &C.
Supreme Court of the United States
These cases were appeals from the Circuit Court for the district of Delaware. Peisch and others, owners of the ship Favourite and her cargo, libelled Ware and others, in the district court, for the possession of certain goods, part of that cargo, which the latter had saved from the ship, which had been wrecked in the Delaware Bay. The cargo consisted principally of wine, brandy, cordials, olive oil and silks.
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These cases were appeals from the Circuit Court for the district of Delaware. Peisch and others, owners of the ship Favourite and her cargo, libelled Ware and others, in the district court, for the possession of certain goods, part of that cargo, which the latter had saved from the ship, which had been wrecked in the Delaware Bay. The cargo consisted principally of wine, brandy, cordials, olive oil and silks. On the night of the 26th of October 1804, the ship Favourite, being at anchor in the Delaware Bay, parted both cables, and was driven on to a shoal. The crew cut away all the masts ; in…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court as follows : — In these cases, two questions are to be decided by the court. 1st. Is the cargo of the Favourite, or any part of it, forfeited to the United States? 2d. Are Ware and others entitled to any, and if to any, to what salvage ?
The first count in the first libel filed on the part of the United States claims the brandies, wines and cordials therein mentioned, in consequence of their being found in the possession of certain persons therein named, unaccompanied *with such marks and certificates as are required by law, the duties…
2Cited by60 opinions
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- Connecticut Bar Ass'n v. United StatesCourt of Appeals for the Second Circuit · 2010
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