The Mary and Susan .—G. & H. Van Wagenen
Supreme Court of the United States
Appeal from the circuit court for the district 6f New-York. The goods in question were part of the cargo of the ship Mary arjd Susan, a merchant vessel of the United States, which was captured on the 3d of September, 1812, by the Tickler, a private aTMed vessel of the United States. The “cargo was libelled as prize of war; this portion claimed by Messrs, G._ & H. Van Wagenen, and Condemned in the district court.
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Appeal from the circuit court for the district 6f New-York. The goods in question were part of the cargo of the ship Mary arjd Susan, a merchant vessel of the United States, which was captured on the 3d of September, 1812, by the Tickler, a private aTMed vessel of the United States. The “cargo was libelled as prize of war; this portion claimed by Messrs, G._ & H. Van Wagenen, and Condemned in the district court. In the circuit court this sentence was reversed, and restitution to the claimants was order1e4; from which decree the captors appealed to this court. The cause having been heard in…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court, and, after reciting the documentary evidence, proceeded as follows:
Upon these papers it is contended by the captors, that the goods remained the property of Daniel Cross & Co. until the transfer to Spooner, Attwood & Co., when they became the property of the assignees; that this change of property so operates upon tha subsequent shipment as to make it a shipment without order, and to leave it in the election of G. & H. Van Wagenen, to accept or reject the goods; and that this right of election is terminated by the intervening right of the…
2Cited by29 opinions
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- United States Ex Rel. Brody v. HechtCourt of Appeals for the Second Circuit · 1926
- Hodges v. . Wilkinson.Supreme Court of North Carolina · 1892
- Southern Express Co. v. CraftMississippi Supreme Court · 1873
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