The Aurora
Supreme Court of the United States
Appeal from the circuit court for the district of Pennsylvania. The brig Aurora, commanded by captain Owen F. Smith, and owned by the* claimants, sailed in-July, 1809, from New-York, ón a trading voyage to the Brazils, .and from thence • to the South Sea islands, for file purpose of procuring á cargo for the market of Canton or Manilla; with liberty, after completing this adventure,5 to continue in this trade, or engage .in that, between Canton and the northwest coast of…
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Appeal from the circuit court for the district of Pennsylvania. The brig Aurora, commanded by captain Owen F. Smith, and owned by the* claimants, sailed in-July, 1809, from New-York, ón a trading voyage to the Brazils, .and from thence • to the South Sea islands, for file purpose of procuring á cargo for the market of Canton or Manilla; with liberty, after completing this adventure,5 to continue in this trade, or engage .in that, between Canton and the northwest coast of America. The brig, duly- arrived at ' Rio Janeiro, where the principal part of her outward cargo was sold, and from…
1Opinion of the Court
SroRt, J.,
delivered’the opinion of the court, and, after stating the facts, proceeded as follows :
Such are the material facts of the case, and the question to be decided is, whether, under all the circumstances, the bottomry bond executed at Calcutta constitutes a valid lien upon the ship.
The law in respect to maritime hypothecations is, in general, well settled. The master of the ship is the confidential servaiit or agent óf the owners, and they are bound to. the performance bf all lawful contracts made by him, relative to the usual employment of the"ship, and the repairs and other…
2Cited by30 opinions
- Waring v. ClarkeSupreme Court of the United States · 1847
- The Maggie HammondSupreme Court of the United States · 1870
- The ValenciaSupreme Court of the United States · 1897
- Bird v. the Steamboat JosephineNew York Court of Appeals · 1868
- White v. ColeNew York Supreme Court · 1840
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