Legal Opinion

Vasse v. Mifflin

District Court, E.D. Pennsylvania

Decided April 15, 1825PublishedCited by 4 opinions

This was an action brought to recover about 810,000, which had been received by Mr. Webster, the attorney of the defendant, under the Florida treaty, for spoliations committed by Spanish cruizers upon sundry vessels which the plaintiff had underwritten, and the losses on which he had paid prior to his bankruptcy in 1S00. The defendant was the agent of sundry claimants under that treaty, and, amongst others, of the assignees under the commission against the plaintiff.

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This was an action brought to recover about 810,000, which had been received by Mr. Webster, the attorney of the defendant, under the Florida treaty, for spoliations committed by Spanish cruizers upon sundry vessels which the plaintiff had underwritten, and the losses on which he had paid prior to his bankruptcy in 1S00. The defendant was the agent of sundry claimants under that treaty, and, amongst others, of the assignees under the commission against the plaintiff. The question intended to be contested was, whether this claim passed under the commission and assignment.

1Opinion of the Court

The following points of evidence were ruled upon the plaintiff’s opening: 1. Mr. Jaudon, the defendant’s agent, employed to attend the commissioners under the treaty, and to prepare the business for them so far as concerned the claims committed to the defendant’s care, stated, that he saw Mr. Webster write a letter to the defendant, and was proceeding to state the contents of it; which was objected to by defendant’s counsel. The plaintiff then read a notice to the defendant to produce, at the trial, all letters, papers and books in his possession, relating to moneys received by him under the…

2Cited by4 opinions

  1. Victor G. Bloede Co. of Baltimore City v. Joseph Bancroft & Sons Co.U.S. Circuit Court for the District of Delaware · 1899
  2. McDowell v. Ætna InsuranceMassachusetts Supreme Judicial Court · 1895
  3. Robinson v. United StatesUnited States Court of Claims · 1913
  4. Darst v. City of PeoriaUnited States Circuit Court · 1882

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