Legal Opinion

Ingersoll v. Campbell

Supreme Court of Alabama

Decided June 15, 1871PublishedCited by 7 opinions

Appeal from the Circuit Court of Mobile. Tried before Hon. John Elliott. This was an action commenced by Campbell against Ingersoll for money had and received by him to and for the use of the plaintiff. There was a jury trial, and verdict and judgment for Campbell.

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Appeal from the Circuit Court of Mobile. Tried before Hon. John Elliott. This was an action commenced by Campbell against Ingersoll for money had and received by him to and for the use of the plaintiff. There was a jury trial, and verdict and judgment for Campbell. From the bill of exceptions it appears that there was evidence offered on the trial in the court below, which was received without objection, which tended to prove that Campbell was a pilot residing in the city of Mobile in this State, in the year 1864, during the late civil war, and that as such pilot he was employed by Hopley &…

1Opinion of the CourtPeters, J.

The evidence in this ease tends to show that Campbell entered into two contracts with Ingersoll: The one with him as the agent of Hopley & Co., to pilot the ship “Virgin” from the port of Mobile to Havana, in violation of the blockade maintained by the forces of the United States of the said port of Mobile. There is no doubt, that in ease of a civil war or rebellion, a government may blockade its own ports. — Prize Oases, 2 Black» 685 ; Pres’t Lincoln’s Proc. of Blockade, April 19, 1861; U. S. Stat. at Large, appendix, p. ii, No. 4 ; Santissima Trinidad, 7 Wheaton, 283. And a contract to…

2Cases cited8 opinions

  1. Armstrong v. TolerSupreme Court of the United States · 1826
  2. The Santissima Trinidad.Supreme Court of the United States · 1822
  3. Kennett v. ChambersSupreme Court of the United States · 1852
  4. Kirkman v. VanlierSupreme Court of Alabama · 1844
  5. Hitchcock v. LukensSupreme Court of Alabama · 1838

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3Cited by7 opinions

  1. Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1922
  2. Long v. Geo. Pacific Railway Co.Supreme Court of Alabama · 1890
  3. Tyree v. Parham'sSupreme Court of Alabama · 1880
  4. Pride v. Commercial Union InsuranceAlabama Court of Appeals · 1913
  5. Robertson v. Business Boosters' Country ClubSupreme Court of Alabama · 1925

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