Van Brunt v. Schenck
New York Supreme Court
THIS was an action of trespass for'seizing and taking a schooner .called the Nancy, againsti. the defendant, who is */7 0 7 surveyor of the port of New-.York.
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THIS was an action of trespass for'seizing and taking a schooner .called the Nancy, againsti. the defendant, who is */7 0 7 surveyor of the port of New-.York. At a former trial of this -Cause a verdict had béen found, for the plaintiff, which, in August 1.814,,. was set aside, and a new trial granted, (See 11 j0jmSt #ep..3-77.) and the cause, was again brought to trial at the New-Yor'k sittings, in April, 1814, before Mr. J. Van Ness. , Jt was stated in the libel filed in the district court of the Tjm* ted States against the schooner Nancy, that the defendant, on the 6th of October,…
1Opinion of the Court
Thompson, Ch.„J.,
delivered the opinion of the court* T-his-ease, as it now appeal’s before the court, differs essentially-from the former. (11 Johns. Rep. 377.) Van Beuren, Whé,in fact, made-the seizure, testifies, that hethad general orders to-seize a’llsüs*416pícious vessels. From whom these "orders were received hó does not state. ; But lie says he reported the seizure to the de» fondant, who approved of what he had done. ■' This was acora» píete ratification and adoption of the act of seizure, and puts the defendant in the same situation as if he himself ¡had made the seizure, and the…
2Cited by11 opinions
- Green v. CampbellWest Virginia Supreme Court · 1891
- Hibbette v. BainesMississippi Supreme Court · 1900
- Towle v. State ex rel. FisherSupreme Court of Florida · 1850
- Kellogg v. MalickWisconsin Supreme Court · 1905
- In re DoyleMissouri Court of Appeals · 1884
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