The Ploughboy
U.S. Circuit Court for the District of Massachusetts
[Appeal from the district court of the United States for the district of Massachusetts.] The brigantine Ploughboy was seized and libelled, for proceeding to a foreign port, to wit, the Havanna, contrary to the third section of the act of 9th January,' 1808 [2 Stat. 453] c. 8. The cause was submitted upon the facts stated in the decree of the district court, and the accompanying papers; and it was admitted, that the Ploughboy proceeded from Boston to Havanna, and there landed…
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[Appeal from the district court of the United States for the district of Massachusetts.] The brigantine Ploughboy was seized and libelled, for proceeding to a foreign port, to wit, the Havanna, contrary to the third section of the act of 9th January,' 1808 [2 Stat. 453] c. 8. The cause was submitted upon the facts stated in the decree of the district court, and the accompanying papers; and it was admitted, that the Ploughboy proceeded from Boston to Havanna, and there landed her cargo, and returned from thence to Boston with another cargo. On her return to Boston, which was on the morning of…
1Opinion of the CourtStory, Circuit Justice
(after reciting the facts). 1 am satisfied, that the voyage to the Havanna was illegal, and that the pretences assumed as a ground of defence of it, are merely colorable or wholly inadequate in point of law. The vessel was undoubtedly therefore subjected to forfeiture. But it is contended (and indeed this seems principally relied on by the counsel for the claimant) that, admitting the forfeiture to have been incurred, yet before seizure the claimant became a bona fide purchaser without notice of this defect of title, and ought not to be affected by it. Admitting the law to be, that a…
2Cited by4 opinions
- Parker v. FoyMississippi Supreme Court · 1870
- Jones v. Van ZandtSupreme Court of the United States · 1847
- Great Falls Bank v. FarmingtonSupreme Court of New Hampshire · 1860
- Nine Hundred & Seventy-Nine Boxes of SugarDistrict Court, E.D. New York · 1874