Legal Opinion

Stumps v. United States

United States Court of Claims

Decided March 7, 1892No. 2206, 2186PublishedCited by 2 opinions

The Reporters’ statement of tbe case: The following are the facts of this case as found by the court: I. The brig Caroline Wilmans sailed from Baltimore, Md., on the 6th of July, 1800, for Antigua. On the 29th July, 1800, she was captured on the high seas by the French privateer Les Trois Amis.

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The Reporters’ statement of tbe case: The following are the facts of this case as found by the court: I. The brig Caroline Wilmans sailed from Baltimore, Md., on the 6th of July, 1800, for Antigua. On the 29th July, 1800, she was captured on the high seas by the French privateer Les Trois Amis. After the capture her master, the mate, the supercargo, and a portion of her crew were taken on board of the capturing vessel and subsequently put ashore at Basseterre on the 18th August, 1800. On the 1st September, 1800, the master arrived at St. Kitts, and on the 2d September made a protest before a…

1Opinion of the CourtNott, J.

The cargo being consigned to a person in a British port who was to pay freight and charges might.be presumed, by a naval officer obliged to act summarily on the high seas, to be British property, giving probable cause for the seizure, and justifying the captors in taking the vessel into port, where the nationality of the property could be determined by proper tribunals; and as the vessel was wrecked and lost while so in the hands of the captors without fault or negligence on their part being shown, the Government of France can not be held responsible therefor.

The order of the court is that…

2Cited by2 opinions

  1. English v. United StatesUnited States Court of Claims · 1894
  2. Gladding v. United StatesUnited States Court of Claims · 1902

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