Dutilh's v. Coursault
U.S. Circuit Court for the District of District of Columbia
Bill in equity to recover from the administrator of Amable Coursault, one half of the amount awarded to him, under the French treaty or convention of July 4th, 1831, as indemnification for the seizure and confiscation of the Brig Triphena and cargo.
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Bill in equity to recover from the administrator of Amable Coursault, one half of the amount awarded to him, under the French treaty or convention of July 4th, 1831, as indemnification for the seizure and confiscation of the Brig Triphena and cargo. The bill states that on the 5th of October, 1809, Amable Cour-sault, a naturalized American citizen, residing in Philadelphia, having laden his brig Triphena, bound to Tonningen, sold and assigned to the plaintiff’s testator, Stephen Dutilh, for a large and valuable consideration, a moiety of the said brig and cargo, before she sailed. That she…
1Opinion of the Court
Cranch, C. J.,
(Thruston, J., absent,) after stating the substance of the bill, answers, and evidence, delivered the opinion of the Court:
It is remarkable that not one of the defendants pretends to have personal knowledge of any of the material facts, charged in the *352bill; and that the conscience of none of them can be affected, unless it be Mr. Kane, in denying the interest of the plaintiff in the brig Triphena and cargo; consequently, neither the avermenls nor the denials of facts, contained in those answers, are evidence in the cause, (although responsive to the allegations of the bill,)…
2Cases cited2 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Vasse v. ComegysU.S. Circuit Court for the District of Eastern Pennsylvania · 1825
3Cited by2 opinions
- Luckhardt v. MooradianCalifornia Court of Appeal · 1949
- Samuel Bros. & Co. v. Hostetter Co.Court of Appeals for the Ninth Circuit · 1902