Legal Opinion

The Abby

U.S. Circuit Court for the District of Massachusetts

Decided May 15, 1818PublishedCited by 2 opinions

In admiralty. Information of seizure against the sloop Abby. 1st. For being engaged in a trade other than that for which she was licensed (i. e. the coasting trade> against the 32d section of the coasting act of the 18th of February, 1793, c. 8. [1 Stat. 316.] 2dly.

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In admiralty. Information of seizure against the sloop Abby. 1st. For being engaged in a trade other than that for which she was licensed (i. e. the coasting trade> against the 32d section of the coasting act of the 18th of February, 1793, c. 8. [1 Stat. 316.] 2dly. For unlading goods without a permit, against the 50th section of the revenue collection act [Bioren & D. Laws, e.128; 1 Stat. 655, e. 22] of the 2d of March, 1799. [Condemned.] [As stated below by the court, the material facts in this ease are the same as those disclosed in the case of The Betsey, Case No. 1,365. In the Betsey…

1Opinion of the Court

STORY, Circuit Justice.

The material facts in this case are the same as those disclosed to the court in the case of The Betsey, [Case No. 1,365.] The Abby acted in the character of a salvor, until after the arrival of the Spanish ship, now known to be the Indus-tria, in Huzzy’s sound; when, having ascertained from the proper authority, that the alien duties and alien tonnage would bo payable by the ship and cargo if libeled for salvage, the master of the Abby seems to have relinquished liis claim, and to have co-operated with the Betsey in another enterprise. I say co-operated, for the Betsey…

2Cited by2 opinions

  1. The IdahoDistrict Court, D. Oregon · 1886
  2. United States v. LarkinCourt of Appeals for the Sixth Circuit · 1907

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