Spaids v. New York Mail Steamship Co.
New York Court of Common Pleas
Appeal by the defendants from a judgment of the Marine Court in an action tried without a jury. The action was brought to recover the value of plaintiff’s baggage, on board the “ Electric Spark,” at the time of her capture by the Confederate cruiser “ Florida.” • The plaintiff, in July, 1864, engaged passage from the defendants from New York to New Orleans by the steamer “ Electric Spark.”
Read the full summary
Appeal by the defendants from a judgment of the Marine Court in an action tried without a jury. The action was brought to recover the value of plaintiff’s baggage, on board the “ Electric Spark,” at the time of her capture by the Confederate cruiser “ Florida.” • The plaintiff, in July, 1864, engaged passage from the defendants from New York to New Orleans by the steamer “ Electric Spark.” This vessel did not belong to the defendants, but was placed by them on their line to take the place of one of their own vessels temporarily disabled, they charging a commission as agents for her on the…
1Opinion of the Court
By the Court.
Daly, F. J.
The finding of the justice is conclusive in respect to every matter of fact upon which the testimony was conflicting, and, applying this rule in every part of the case where there was any conflict, we must assume that he found the following to be facts: The order given by *142.the commander of the Confederate, privateer the “ Florida,” was that the propeller the “ Electric Spark ” was to he considered as the prize of the “ Florida ; ” but that the personal .effects of the passengers would be respected, and might be .taken with them upon their leaving the propeller, for all…
2Cases cited2 opinions
- Schieffelin v. New-York InsuranceNew York Supreme Court · 1812
- Treadwell v. Union Insurance Co.New York Supreme Court · 1826