Novion v. Hallett
New York Supreme Court
A WRIT of error was brought, by the defendant in the „ , , „ , „ . , . , , . Court below, upon the bill oí exceptions, which was taken at the trial, and on which, after argument, the Supreme Court rendered judgment for the plaintiff below. (See Hallelt v. Novion, 14 Johns. Rep. 273—294.) The cause having undergone a full and most elaborate discussion in the Supreme Court, was here briefly argued, by Burr, for ff*e plaintiff in error, and Henry, for the defendant'in error.
1Opinion of the Court
The Chancellor.
The writ of error in this case is founded upon a bill of exceptions taken to the charge of the judge who presided at the trial, and the direction in point of law, given to the jury, embraces the legal principles upon which the discussion of the case has turned.
The jury were charged, that if, from the evidence, they believed that the schooner San Francisco de Paula had on board a commission as a letter of marque, under the government, defacto, of New Grenada or Carthagena, and claimed to act under it in capturing, and also in the subsequent disposition of the brig Jane, the…
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