Clinch v. United States
United States Court of Claims
The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The schooner Endeavor, whereof Nathaniel Griffin was then master, being an armed vessel carrying a commission issued by the President of the United States under the act of July 9, 1798 (1 Stat. L., 578), sailed on a return commercial voyage from Demerara on the 11th day of October, 1799, bound to Boston, stopping en route at several of the West Indian islands.
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The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The schooner Endeavor, whereof Nathaniel Griffin was then master, being an armed vessel carrying a commission issued by the President of the United States under the act of July 9, 1798 (1 Stat. L., 578), sailed on a return commercial voyage from Demerara on the 11th day of October, 1799, bound to Boston, stopping en route at several of the West Indian islands. While peacefully pursuing said voyage, on the 6th day of November, 1799, she was seized by the French privateer Victor, Captain…
1Opinion of the Court
Peelle, Ch. J.,
delivered the opinion of the court:
The question of law presented arises on the claimants’ motion for a new trial, assigning as ground therefor error of the court in its conclusion on the facts found, that the claimants were not entitled to indemnity.
The findings originally filed are withdrawn and the new findings, as above set forth, are now filed with this opinion.
The question as stated by the claimant is, “ Did the resistance of an American merchantman, between the years 1796 and 1800, to search by the crew of an armed ship flying the French flag, raise a conclusive…
2Cases cited22 opinions
- The Nereide, Bennett, MasterSupreme Court of the United States · 1815
- Talbot v. SeemanSupreme Court of the United States · 1801
- Bas v. TingySupreme Court of the United States · 1800
- The AnneSupreme Court of the United States · 1818
- Gray v. United StatesUnited States Court of Claims · 1886
17 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Adams v. United StatesUnited States Court of Claims · 1911