The Carlos F. Roses
Supreme Court of the United States
APPEAL EROM THE DISTRICT COURT OE THE UNITED STATES EOR THE SOUTHERN DISTRICT OP FLORIDA. The Carlos F. Iloses was a Spanish bark of 499 tons, hailing from Barcelona, Spain, sailing under the Spanish flag, and officered and manned by Spaniards.' She had been owned for many years by Pedro Poses Yalenti, a citizen of Barcelona. Her last voyage began at Barcelona, whence she proceeded to Montevideo, Uruguay, with a cargo of wine and salt.
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APPEAL EROM THE DISTRICT COURT OE THE UNITED STATES EOR THE SOUTHERN DISTRICT OP FLORIDA. The Carlos F. Iloses was a Spanish bark of 499 tons, hailing from Barcelona, Spain, sailing under the Spanish flag, and officered and manned by Spaniards.' She had been owned for many years by Pedro Poses Yalenti, a citizen of Barcelona. Her last voyage began at Barcelona, whence she proceeded to Montevideo, Uruguay, with a cargo of wine and salt. All of the outward cargo "was discharged at Montevideo, where the vessel took on a cargo consisting of jerked beef and garlic to be delivered at Havana, Cuba,…
1Opinion of the CourtChief Justice Fuller
The President’s proclamation of April 26,1898, declared the policy of the government in the conduct óf the war would be to adhere to the rules of the Declaration of Paris therein set forth, one of them being thus expressed: “ Neutral goods, not contraband of war, are not liable to confiscation under the enemy’s flag.”
The question is whether this cargo when captured was enemy property or not. The District Court held that both the title and right of possession were in these neutral claimants at the time of the capture, “as evidenced by the indorsed bills of lading and the paid bills of…
Also in this document: Dissent.
2Cases cited18 opinions
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- The Brig Amy WarwickSupreme Court of the United States · 1862
- Pollard v. VintonSupreme Court of the United States · 1882
- Lawrence v. MinturnSupreme Court of the United States · 1855
- The PizarroSupreme Court of the United States · 1817
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3Cited by26 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. HaroldSupreme Court of the United States · 1916
- Texarkana & Ft. S. Ry. Co. v. BrassTexas Commission of Appeals · 1924
- Great West Casualty Co. v. FlandrichDistrict Court, S.D. Ohio · 2009
- The FerncliffDistrict Court, D. Maryland · 1938
- Campbell Baking Co. v. City of Harrisonville, Mo.Court of Appeals for the Eighth Circuit · 1931
21 more not listed; retrieve them via the Exa API.