Rose v. Himely
Supreme Court of the United States
This was an appeal from the sentence of the Circuit Court for the district of South Carolina, which reversed that of the district judge, who awarded restitution to Rose, the libellant, of certain goods, part of the, cargo of the American schooner Sarah.3 This vessel, after trading with the brigands or rebels of St. Domingo at several of tbeir ports, sailed from thence, with a cargo purchased there, for the United States ; and had proceeded more than ten leagues from the…
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This was an appeal from the sentence of the Circuit Court for the district of South Carolina, which reversed that of the district judge, who awarded restitution to Rose, the libellant, of certain goods, part of the, cargo of the American schooner Sarah.3 This vessel, after trading with the brigands or rebels of St. Domingo at several of tbeir ports, sailed from thence, with a cargo purchased there, for the United States ; and had proceeded more than ten leagues from the coast of St. Domingo, when she was arrested by a French privateer, on the 23d of February 1804, carried into the Spanish…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court.— This is a claim for a cargo of coffee, &e., which, after being shipped from a port in Santo Domingo, in possession of the brigands, was captured by a *160French privateer, and carried into Barracoa, a small port in the island of Cuba, where it was sold by the captor. The cargo, having been brought by the purchaser into the state of South Carolina, was libelled in the court of admiralty, by the original American owner. The purchaser defends his title, by a sentence of condemnation, pronounced by a tribunal sitting in Santo Domingo, after the…
2Cases cited1 opinion
- Bry v. DowellSupreme Court of Louisiana · 1841
3Cited by141 opinions
- Hanson v. DencklaSupreme Court of the United States · 1958
- Blackmer v. United StatesSupreme Court of the United States · 1932
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- Loper Bright Enterprises v. RaimondoSupreme Court of the United States · 2024
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
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