Scollay v. Dunn
Massachusetts Supreme Judicial Court
DUNN brought a Libel in the Admiralty against Scollay, for that he was a Mate on board a Vessell of Scollay’s, which was taken, and ransomed by the Mailer, and Dunn went as an Hostage. He was long Prisoner, and at last released by the Money raised by some of his Friends, and now returned to Bolton. Libels against Scollay and others, Owners of the Vessell.
Read the full summary
DUNN brought a Libel in the Admiralty against Scollay, for that he was a Mate on board a Vessell of Scollay’s, which was taken, and ransomed by the Mailer, and Dunn went as an Hostage. He was long Prisoner, and at last released by the Money raised by some of his Friends, and now returned to Bolton. Libels against Scollay and others, Owners of the Vessell. A Prohibition was granted, and the present Question was, whether the Prohibition stand or a Consultation ordered; The Point was, whether the Process in the Admiralty against the Owners’ Persons was good. (1) The first being taken upon the…
1Opinion of the CourtJustice Oliver
delivered his Opinion in Favour of the Jurisdiction of the Admiralty.
Justice Lynde.
I take the Affair of Ransom to be a Matter upon Sea, and therefore if the Libel was on the Ship or Cargo, I should hold it good; *79but as it is not, I cannot but be for the Prohibition standing.
Chief Justice.
Ransom as far as it respects Master and Hostage maritime, so far as Owner and Master does not appear to be a Contradi upon the High Seas. None of the Authorities maintain the Jurisdiction in this Case; and where it is doubtfull, I think ’tis a Rule that common Jurisdiction ought to be maintained, and that the…
2Cases cited5 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Andrews v. WallSupreme Court of the United States · 1845
- Succession of JohnsonSupreme Court of Louisiana · 1842
- Brink v. New Amsterdam Fire InsuranceThe Superior Court of New York City · 1867
- State v. Judge of the Commercial Court of New OrleansSupreme Court of Louisiana · 1843