United States v. Nye
U.S. Circuit Court for the District of Massachusetts
The four defendants [Alfred Nye and three others] were put on their trial for the offence of endeavoring to make a revolt, on an indictment found under second section of the act of March 3, 1835 (4 Stat. 776). The evidence showed that they were regularly shipped for a voyage from Boston to East Florida, in the brig Leghorn.
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The four defendants [Alfred Nye and three others] were put on their trial for the offence of endeavoring to make a revolt, on an indictment found under second section of the act of March 3, 1835 (4 Stat. 776). The evidence showed that they were regularly shipped for a voyage from Boston to East Florida, in the brig Leghorn. The shipping articles which they signed named one Burgess as master; but it appeared that one Rose had been spoken of to one of the men, as master, before the articles were signed. He was expected by the owners to go as master, but before the articles were drawn up,…
1Opinion of the Court
CURTIS, Circuit Justice.
Since the adjournment of the court I have looked into the authorities, and considered the points made at the bar. As to the change of master, there is no evidence that the men were induced to ship by a false representation that Rose was to go as master. If they were, it would deserve very serious consideration, whether they were bound by the contract The evidence is. that Rose had been spoken of as master to one of the men, but not as certain to go; that Burgess had in fact been appointed, before the articles were signed, and his name is in the articles. Even if Rose…
2Cited by13 opinions
- Concepcion v. United StatesSupreme Court of the United States · 2022
- McBride Ex Rel. I.M.S. v. Estis Well Service, L.L.C.Court of Appeals for the Fifth Circuit · 2014
- Hamilton v. United StatesCourt of Appeals for the Fourth Circuit · 1920
- United States v. Francis X. Kroncke and Michael D. TherriaultCourt of Appeals for the Eighth Circuit · 1972
- United States v. HuffUnited States Circuit Court · 1882
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