Legal Opinion

United States v. Barker

U.S. Circuit Court for the District of Massachusetts

Decided October 15, 1829PublishedCited by 3 opinions

Indictment for an endeavour to make a revolt on board the brig Aptborp, at Nantasket Roads in Boston harbour. Plea, “Not guilty.” At the trial it appeared, that George Barker was the mate of the ship, and the other defendants were of the crew. They had signed the shipping articles in Charleston, South Carolina, for a voyage “to two or.three ports of discharge and lading in Europe, and back to a final port of discharge in the United States.”

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Indictment for an endeavour to make a revolt on board the brig Aptborp, at Nantasket Roads in Boston harbour. Plea, “Not guilty.” At the trial it appeared, that George Barker was the mate of the ship, and the other defendants were of the crew. They had signed the shipping articles in Charleston, South Carolina, for a voyage “to two or.three ports of discharge and lading in Europe, and back to a final port of discharge in the United States.” Michael C. Bowden was master for the voyage. The vessel went to her ports in Europe, took in a cargo of salt at St. Ubes, and came back to Boston as her…

1Opinion of the Court

STORY, Circuit Justice,

in summing up the evidence, said: As to the first point, we are of opinion, that the shipping articles extended to the voyage to Alexandria. The fact, that the destination was, by the original instructions of the owner, to Boston, does not necessarily' make it the port of discharge. ‘Tort of destination” and “port of discharge" are not equivalent phrases. To constitute a port of destination a port of discharge, some goods must be unladen there, or some act done to terminate the voyage there. But, here, the words are “final port of discharge." so that the owner had a…

2Cited by3 opinions

  1. Schermacher v. YatesDistrict Court, E.D. New York · 1893
  2. A/S Ivarans Rederi v. United StatesCourt of Appeals for the D.C. Circuit · 1991
  3. A/S Ivarans Rederi v. United StatesCourt of Appeals for the D.C. Circuit · 1991

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