Legal Opinion

Goodrich & De Forest v. Gordon

New York Supreme Court

Decided January 15, 1816PublishedCited by 11 opinions

THIS was an action of assumpsit, to recover the amount - bill of exchange drawn by William Napier upon the defendant, in favour of James Stewart, and by him en- ? j dorsed to the plaintiffs. The cause was tried before his . Honour, the vhiei Justice, at the New-Yorfc Sittings, in ° »fipTXl^ loib.

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THIS was an action of assumpsit, to recover the amount - bill of exchange drawn by William Napier upon the defendant, in favour of James Stewart, and by him en- ? j dorsed to the plaintiffs. The cause was tried before his . Honour, the vhiei Justice, at the New-Yorfc Sittings, in ° »fipTXl^ loib. The defendant, jointly with certain other persons, was owner of the sloop Hope, and cargo, which, in December, 1813, was sent on a voyage from New-York to Savannah, and the following letter of instructions, dated December 6th, 1813, was delivered by the plaintiff to Napier, the master of the sloop. “…

1Opinion of the Court

Thompson, Ch. J.

delivered the opinion of the court. There can be no doubt that the contract for the ransom of the vessel was a lawful contract. Such contracts are sanctioned by the laws of nations, and are not deemed a trading with the enemy; (2 Azuni, 313.) nor was the passport given by the captors, upon the ransom) and accepted by the master of the captured vessel, in violation of the act of Congress. (2d Aug. 1818.) It was merely a certificate, given by the captors, to serve as a passport, and protect the ransomed vessel, from all other armed vessels belonging to the nation of which the…

2Cases cited1 opinion

  1. Coolidge v. PaysonSupreme Court of the United States · 1817

3Cited by11 opinions

  1. Scudder v. Union National BankSupreme Court of the United States · 1875
  2. Nelson v. First National BankIllinois Supreme Court · 1868
  3. Exchange Bank of St. Louis v. RiceMassachusetts Supreme Judicial Court · 1867
  4. Bayard v. LathyU.S. Circuit Court for the District of Illinois · 1841
  5. Carnegie v. MorrisonMassachusetts Supreme Judicial Court · 1841

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