Legal Opinion

Hill v. United States

United States Court of Claims

Decided December 1, 1913Published

On the Proofs. The Reporter's statement of the case: The following axe the facts of the case as found by the court: I. The brig Fair Columbian, Nathaniel Wattles, master, sailed on a commercial voyage from Alexandria, Va., on March 26, 1798, bound for Antigua. While peacefully pursuing her said voyage she was seized on the high seas on April 17, 1798, by the French privateer Sevola, Capt. Gradia, and carried into St. Martins.

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On the Proofs. The Reporter's statement of the case: The following axe the facts of the case as found by the court: I. The brig Fair Columbian, Nathaniel Wattles, master, sailed on a commercial voyage from Alexandria, Va., on March 26, 1798, bound for Antigua. While peacefully pursuing her said voyage she was seized on the high seas on April 17, 1798, by the French privateer Sevola, Capt. Gradia, and carried into St. Martins. Thereafter, on April 27, 1798, both vessel and cargo were condemned by the French Tribunal of Commerce sitting at Basse Terre, Guadeloupe. The grounds of condemnation as…

1Opinion of the CourtHowry, Judge

There is but one issue and that relates to an illegally condemned vessel. The owners of both vessel and cargo were indemnified by their insurers for a greater sum than the amount of their losses. The proper distribution of the insurance appears in the findings. Nevertheless, the owners claim demurrage for the detention of the vessel independent of their losses for its value and for which they were otherwise reimbursed by their insurers as stated.

The act conferring jurisdiction in this class of claims provides relief for such citizens of the United States or their legal representatives as had…

2Cases cited3 opinions

  1. William Williams and Others v. George Armroyd and OthersSupreme Court of the United States · 1813
  2. Ogden ex rel. Ferrers v. United StatesUnited States Court of Claims · 1888
  3. The StarSupreme Court of the United States · 1818

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