Van Brunt v. Schenck
New York Supreme Court
THIS was an action of trespass, tried before the late Chief Jusiicc, at the New-York sittings, on the 2d of December, 1813. ’ 0 The declaration stated, that tne defendant, on tne 6th of _ . , , „ _ , October, with force and arms, &c. at tlie city 01 Nen-xortc, seized, took, and carried away, a certain schooner, or vessel, called the Nancy, &c. belonging to the plaintiffs, of the value of 2,500 dollars, and converted and disposed of the same to his own use, &c.
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THIS was an action of trespass, tried before the late Chief Jusiicc, at the New-York sittings, on the 2d of December, 1813. ’ 0 The declaration stated, that tne defendant, on tne 6th of _ . , , „ _ , October, with force and arms, &c. at tlie city 01 Nen-xortc, seized, took, and carried away, a certain schooner, or vessel, called the Nancy, &c. belonging to the plaintiffs, of the value of 2,500 dollars, and converted and disposed of the same to his own use, &c. The defendant pleaded the general is-7 r o gU06 It was proved, at the trial, that the schooner hancy9 owned by the plaintiffs, was…
1Opinion of the CourtSpencer, J.
Being of opinion that an action of trespass cannot be maintained under the circumstances of this case, I shall confine myself exclusively to the consideration of that question.
The schooner was seized by Van Bewen, for a violation of law, and the defendant offered to show, that he gave no orders for that purpose, but that Van Beuven, after he had seized her, reported to the collector what he had done, who directed him to detain her. Whilst the vessel was lying under this seizure, and in the custody of the officers of government, the defend» *382ánt, who was one of the custom-house officers, with…
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