Hoyt v. Gelston & Schenck
New York Supreme Court
THIS was an. action of trespass, brought against David Gelston, collector, and Peter A. Schenck, surveyor, of the customs of the port of Meio-York, for seizing a vessel called the American Eagle, with her tackle, apparel, furniture, ballast, water, Salted provisions, and ship bread, on the 10th of July, 1810. The declaration contained several counts, which it is unnecessary to state, and the plaintiff laid his damages at 200,000 dollars.
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THIS was an. action of trespass, brought against David Gelston, collector, and Peter A. Schenck, surveyor, of the customs of the port of Meio-York, for seizing a vessel called the American Eagle, with her tackle, apparel, furniture, ballast, water, Salted provisions, and ship bread, on the 10th of July, 1810. The declaration contained several counts, which it is unnecessary to state, and the plaintiff laid his damages at 200,000 dollars. The defendants pleaded, 1, Not guilty. 2. That, before1 the 10th of July, 181-0, to wit, on the 1st of July, the American Eagle, with her tackle, apparel,…
1Opinion of the CourtSrENGER, J.
The bill of exceptions, taken- at the trial, presents two points for the consideration of the-'court': • '/
- -Iv Was there sufficient evidence of property in the plaintiff?. 3. Ought the" evidence, overruled at the trial, to have been admitted either in mitigation of damages, or as a bar to the suit ?
With respect- to the first point, the bill of exceptions states,, that the plaintiff gave in-evidence, that, at the time of the seizure of the ship -American Eagle,-by- ike defendants, she was in the ac-; tual, full, and peaceable possession of the plaintiff ; and that, on. the acquittal of the…
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