The St. Joze Indiano
Supreme Court of the United States
Appeal' from the circuit court for the district of Massachusetts. The ship.St. Joze Indiano* hound from Liverpool to Rio de Janeiro, was captured and' sent "into the United States, as prize of war, in the , summer of 1814. The ship and most of the cargo were condemned as British property in the circuit court, and there was no ,appeal by any of the claimants except in behalf of Mr. J. Lizaur, of Rio de Janeiro. , The right of Mr. . J. Liizaur, to have restitution, of property…
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Appeal' from the circuit court for the district of Massachusetts. The ship.St. Joze Indiano* hound from Liverpool to Rio de Janeiro, was captured and' sent "into the United States, as prize of war, in the , summer of 1814. The ship and most of the cargo were condemned as British property in the circuit court, and there was no ,appeal by any of the claimants except in behalf of Mr. J. Lizaur, of Rio de Janeiro. , The right of Mr. . J. Liizaur, to have restitution, of property belonging to-him, at the time of capture, was not contested by the" captors; but it was contended, that the property in…
1Opinion of the CourtStory, J.
The single question presented on these facts is, in whom the property was vested at the time of its transit; if in Mr. Lizaur, then it is to be restored; if in the shippers, then it is to be condemned. It is contended, in behalf of the claimant, that the goods having been purchased by the order, and partly with the funds, of Mr. Lizaur, the property vested in him immediately by the purchase,: and the contract being executed by the salé, no delivery was necessary to perfect the legal title: that nothing was reserved to the shippers but a mere .rjght of stoppage in transitu, and that if they…
2Cases cited1 opinion
- Phillips v. HawkinsSupreme Court of Louisiana · 1843
3Cited by13 opinions
- The Carlos F. RosesSupreme Court of the United States · 1900
- Campbell Baking Co. v. City of Harrisonville, Mo.Court of Appeals for the Eighth Circuit · 1931
- Jones & Co. v. BrewerSupreme Court of Alabama · 1885
- Piplack v. MuellerSupreme Court of Florida · 1929
- The SulioteDistrict Court, S.D. New York · 1885
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