Manella, Pujals, and Co. v. Barry
Supreme Court of the United States
Erbob to the Circuit Court of tbe United States for the district of Maryland. The action was brought by the plaintiffs in error, to recover from the defendant, Barry, the price of three cargoes of tobacco, purchased and shipped by Barry, for account of the plaintiffs, but which were captured on their way to Spain, and condemned. The ground of the claim was, that Barry had not strictly pursued his instructions as to the shipments.
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Erbob to the Circuit Court of tbe United States for the district of Maryland. The action was brought by the plaintiffs in error, to recover from the defendant, Barry, the price of three cargoes of tobacco, purchased and shipped by Barry, for account of the plaintiffs, but which were captured on their way to Spain, and condemned. The ground of the claim was, that Barry had not strictly pursued his instructions as to the shipments. The transcript of the record contained two bills of exception. In the first bill of exceptions, all the material facts of the case were stated, but the exception was…
1Opinion of the Court
Marshall, Ch. J.,
delivered the, opinion of the court. — The court has endeavored to bestow on this cause the attention to which it is alike entitled, by its own importance, by the situation of one of the parties, who is a stranger to our language and our laws, and by the ability and zeal with which it has been argued at the bar.
The action claims from the defendant the value of three cargoes of tobacco, purchased by him as the agent of the plaintiffs, which were captured on a voyage to Europe, and condemned as prize. The foundation of the claim is, that he deviated from the • instructions…
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