Legal Opinion

Cutler v. Rae

Supreme Court of the United States

Decided December 15, 1849PublishedCited by 1 opinion

Argument for the Libellant upon the Question of Jurisdiction. The case presented is a claim by the owners of a ship against an owner of the cargo, to recover contribution for an injury voluntarily clone to the ship on the high seas, for the common benefit, by which the property, from the owner of which contribution is sought, was preserved from destruction by an impending peril.

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Argument for the Libellant upon the Question of Jurisdiction. The case presented is a claim by the owners of a ship against an owner of the cargo, to recover contribution for an injury voluntarily clone to the ship on the high seas, for the common benefit, by which the property, from the owner of which contribution is sought, was preserved from destruction by an impending peril. Whether the facts in evidence make such a case as entitles the owner of the ship to a contribution has been previously discussed, in order to present the question of jurisdiction that must be assumed. The question now…

1Opinion of the Court

My attention was called early in this term of the court, by a letter from F. C. Loring, Esquire, Counsellor at Law in Boston, to the declaration in the first sentence of my opinion in the above case, “that this court has'decided an important constitutional question of admiralty jurisdiction, without either oral or printed argument.”

Mr. Loring’s letter was the first intimation I had, that an argument upon the jurisdiction had been filed by him, upon the part of the libellant and appellee in the cause.

Subsequently, my attention was called to Mr. Loring’s argument by my brother Nelson, and…

2Cases cited5 opinions

  1. Peyroux and Others v. HOWARD AND VARION.Supreme Court of the United States · 1833
  2. The St. Jago De Cuba. Vinente, and OthersSupreme Court of the United States · 1824
  3. Succession of JohnsonSupreme Court of Louisiana · 1842
  4. American Insurance v. CosterNew York Court of Chancery · 1831
  5. Cartwright v. DennySupreme Court of Louisiana · 1842

3Cited by1 opinion

  1. Sarantex Shipping Company v. Wilbur-Ellis CompanyDistrict Court, D. Oregon · 1975

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