The Frances
Supreme Court of the United States
This is another case of goods by the Frances, captured by the Yankee, and condemned in the Circuit Court of Rhode Island, brought up to this court on appeal. (Reported below, 1 Gallis. 445.) Messrs. Dunham & Randolph, merchants, of New York, claimed three bales and nineteen boxes of goods shipped by Alexander Thompson, of Glasgow, a British subject, and consigned to Dunham & Randolph.
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This is another case of goods by the Frances, captured by the Yankee, and condemned in the Circuit Court of Rhode Island, brought up to this court on appeal. (Reported below, 1 Gallis. 445.) Messrs. Dunham & Randolph, merchants, of New York, claimed three bales and nineteen boxes of goods shipped by Alexander Thompson, of Glasgow, a British subject, and consigned to Dunham & Randolph. The bill of lading is in their names, and the invoice purports to be on their account and risk. A letter from Thompson to Dunham & Randolph, dated Glasgow, 11th July 1812, after describing the goods, and the…
1Opinion of the Court
Marshall, Ch. J.,
after stating the facts of the case, delivered the opinion of the court, as follows : — It has been argued for the appellants, that, by the invoice and bill of lading, and the true construction of the letter of Alexander Thompson, the property was vested in Dunham & Randolph, liable to be divested by their rejecting the consignment, within twenty-four hours after receiving the letters ; that the condition annexed to the transfer, is subsequent, not precedent. The court cannot concur in this reasoning.
It has been very truly urged for the captors, that to vest this property in…
2Cited by1 opinion
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