Kennedy v. Strong
New York Supreme Court
THIS was an action of trover for one bale and four cases of merchandise. The cause was tried before Mr. Justice Spencer, at the New-York sittings, in November, 1815. The goods in question were shipped at Liverpool, in March, on board the ship Oliver Ellsworth, belonging to Strong Sr Dam vis, of which firm the.defendant was a member, for New-York.
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THIS was an action of trover for one bale and four cases of merchandise. The cause was tried before Mr. Justice Spencer, at the New-York sittings, in November, 1815. The goods in question were shipped at Liverpool, in March, on board the ship Oliver Ellsworth, belonging to Strong Sr Dam vis, of which firm the.defendant was a member, for New-York. The goods were to be delivered, pursuant to the bill of lading, to the plaintiff and his deceased partner, Stuyley, The vessel arrived off the harbour of New York in the month of May, 1811, but did not enter the waters of the. United States, and the…
1Opinion of the Court
Thompson, Ch. J.,
delivered the opinion of the court. The questions are, 1. Whether the plaintiff had any property in the merchandise, it being shipped contrary to the non-intercourse act; and, 2. As to the rule of damages, if the plaintiff is entitled to recover any thing.
1. I am inclined to think the defendant is precluded by his admissions in his affidavit, and otherwise, from denying the interest of the plaintiff in the goods in question. Those admissions were made after the property of the plaintiff must have been devested by the forfeiture, if ever it was so ; and the property was taken…
2Cited by19 opinions
- McCurry v. HooperSupreme Court of Alabama · 1848
- President, Directors & Co. of Rensselaer Glass Factory v. ReidCourt for the Trial of Impeachments and Correction of Errors · 1825
- Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
- Spicer v. WatersNew York Supreme Court · 1866
- Kent v. Hudson River Rail RoadNew York Supreme Court · 1856
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