Mitchell v. Harmony
Supreme Court of the United States
This case was brought up, by a writ of error, from the Circuit Court of the United States for the Southern District of New York. Mitchell was an officer of the army, and was sued in an action of trespass by Harmony for seizing his property in the Mexican State of Chihuahua. By an act passed on the 3d March, 1845, (5 Stat. at Large, 750) Congress allowed a drawback on foreign merchandise exported in the original packages to Chihuahua and Santa Fé, in Mexico.
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This case was brought up, by a writ of error, from the Circuit Court of the United States for the Southern District of New York. Mitchell was an officer of the army, and was sued in an action of trespass by Harmony for seizing his property in the Mexican State of Chihuahua. By an act passed on the 3d March, 1845, (5 Stat. at Large, 750) Congress allowed a drawback on foreign merchandise exported in the original packages to Chihuahua and Santa Fé, in Mexico. Harmony was a trader engaged in this business, and on the 27th of May, 1846, had transported to Independence, in Missouri, a large amount…
1Opinion of the CourtChief Justice Taney
■ This is' an- action of trespass brought by the defendant in error, against the plaintiff in error, to recover the value of certain property taken by him, in the province of Chihuahua during the late war with Mexico.
It appears that the plaintiff, who is a merchant of New York, and who was born in Spain, but is a naturalized citizen of- the United States, had planned a trading expedition to Santa Fé, New Mexico, and Chihuahua, in the Republic of Mexico, before hostilities commenced; and had set out from Fort Independence, in Missouri, before he had any knowledge of the declaration of war. As…
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