Legal Opinion

The Draco

U.S. Circuit Court for the District of Massachusetts

Decided May 15, 1835PublishedCited by 9 opinions

Libel in admiralty by the Tremont Insurance Company, a corporation created under the authority of a charter from the commonwealth of Massachusetts, against the brig Draco, upon an-asserted bottomry bond. The •claimants, Messrs. Stanton, Nichols and Whitney, assert in themselves title as ven--dees, and also other matters of defence.

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Libel in admiralty by the Tremont Insurance Company, a corporation created under the authority of a charter from the commonwealth of Massachusetts, against the brig Draco, upon an-asserted bottomry bond. The •claimants, Messrs. Stanton, Nichols and Whitney, assert in themselves title as ven--dees, and also other matters of defence. The bond in question was executed by the •owners in Boston, the home port of the brig, to the Tremont Insurance Company, on January 6th, 1834, while the brig was still at ■sea. The following is a copy of it: “Know all men by these presents, that we, ■James P.…

1Opinion of the Court

STORY, Circuit Justice.

This is the case of a libel against the brig Draco, upon an asserted bottomry bond. The claimants. Messrs. Stanton, Nichols & Whitney, assert in themselves a title as vendees, and other matters of defence, upon which I shall presently have occasion to comment. In the progress of the cause the vessel was delivered on bail to the claimants upon the usual stipulation'; and certain amendments and additions have been made in the libel and answer, with which matters it is unnecessary to intermeddle, until other more important and grave matters are disposed of, which are…

2Cases cited1 opinion

  1. Carroll v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1812

3Cited by9 opinions

  1. Detroit Trust Co. v. the Thomas BarlumSupreme Court of the United States · 1934
  2. Gray v. Freights of the KateDistrict Court, S.D. New York · 1894
  3. White v. ColeNew York Supreme Court · 1840
  4. Insurance Co. v. GosslerSupreme Court of the United States · 1878
  5. The UnderwriterDistrict Court, D. Massachusetts · 1902

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