The Avery
U.S. Circuit Court for the District of Massachusetts
In admiralty. W. Sullivan prayed the court to admit proof of the neutral ownership of a part of the cargo of this vessel, which had been some time since condemned for want of a claim, suggesting that this proof had been obtained from such a distance, as made it impossible to have received it before.
Read the full summary
In admiralty. W. Sullivan prayed the court to admit proof of the neutral ownership of a part of the cargo of this vessel, which had been some time since condemned for want of a claim, suggesting that this proof had been obtained from such a distance, as made it impossible to have received it before. The admiralty rule of a year and day, however suited to the courts of Europe, where communication may be had with all parts in sixty days, was not, he contended, applicable to a country so remote from many parts of the commercial world, as the United States.
1Opinion of the Court
STORY, Circuit Justice.
The British brig Avery was captured on the 28th of April, 1813, libelled in the district court on the 28th of July of the same year, and after-wards. upon the hearing in the district court, the vessel and part of the cargo were condemned as enemies’ property. As to the residue, a decree of dismissal was, by consent of the captors, made against them, from which they appealed to this court, and at October term, 1814, no claim ever having been, in either court, interposed to any part of the property, the same was finally condemned to the captors, and distribution ordered…
2Cited by4 opinions
- President of the Bank of the United States v. MossSupreme Court of the United States · 1847
- Cook v. WoodIllinois Supreme Court · 1860
- Alanson Saltmarsh v. James W. TuthillSupreme Court of the United States · 1852
- State v. Jason RobertsSupreme Court of Vermont · 2024