Legal Opinion

Dingley v. United States

United States Court of Claims

Decided April 4, 1904No. 1839, 4067, 5566PublishedCited by 2 opinions

The Reporters' statement of the case: The grounds of the claimants’ motion appear in the opinion of the court. The facts found in the case are as follows: I. The schooner Hazard, Joseph Campbell, master, sailed on or about December 22, 1799, from Boothbay or Wiscasset, Mass, (now Maine), on a commercial voyage bound to Mar-tinico.

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The Reporters' statement of the case: The grounds of the claimants’ motion appear in the opinion of the court. The facts found in the case are as follows: I. The schooner Hazard, Joseph Campbell, master, sailed on or about December 22, 1799, from Boothbay or Wiscasset, Mass, (now Maine), on a commercial voyage bound to Mar-tinico. While peacefully pursuing her voyage the Hazard was seized on the high seas on or about the 23d day of January, 1800, by the French priva-teer General Massena, Capt. Franque Darriere, and carried to Port Liberty, Guadeloupe, and was, with her cargo, on the 31st day…

1Opinion of the CourtHowry, J.

The vessel was condemned by a prize court because the master had neither invoice, bill of lading, nor role d’equipage.

On the first hearing we allowed for the value of the vessel because the register and sea letter were on board.

Freight earnings were inadvertently omitted in the original report. No question arising respecting contraband, and the conduct of the neutral being fair and impartial, they are now reported.

*379The value of the goods carried was denied because neutrality of the cargo did not seem to the court to be properly established. The correctness of the ruling on this question now…

2Cases cited3 opinions

  1. The Amiable NancySupreme Court of the United States · 1818
  2. The PizarroSupreme Court of the United States · 1817
  3. Cushing v. LairdSupreme Court of the United States · 1883

3Cited by2 opinions

  1. Insurance Co. of North America v. United StatesUnited States Court of Claims · 1914
  2. McCobb v. United StatesUnited States Court of Claims · 1907

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