Hannay v. Eve
Supreme Court of the United States
This was a writ of error to the Circuit Court of the United States for the district of Georgia, sitting in chancery, to reverse a decree, which dismissed the complainant’s bill, on a demurrer.
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This was a writ of error to the Circuit Court of the United States for the district of Georgia, sitting in chancery, to reverse a decree, which dismissed the complainant’s bill, on a demurrer. The complainant, as assignee of Cruden & Company, alleged in his bill, that on the 24th of December 1782, during the war between the United States and Great Britain, the British armed ship Dawes, owned by Cruden & Company, who were British subjects, and commanded by Oswell Eve, the defendant, sailed with a cargo, the property of Cruden & Company, from Kingston, in Jamaica, for New York, then in…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion . of the court. — The essential difficulty in this cause arises from the con- L sideration, that under the resolution of congress, by which the vessel and cargo mentioned in the proceedings were condemned, a sanction is claimed to a breach of trust, and a violation of moral principle. In such a case, the mind submits reluctantly to the rule of law, and laboriously searches for something which shall reconcile that rule with what would seem to be the dictate of abstract justice.
It has been correctly argued by the plaintiff in error, that the master was…
2Cited by52 opinions
- Sorrells v. United StatesSupreme Court of the United States · 1932
- Interinsurance Exchange of the Automobile Club v. Ohio Casualty InsuranceCalifornia Supreme Court · 1962
- Willcox v. EdwardsCalifornia Supreme Court · 1912
- Kershaw v. KelseyMassachusetts Supreme Judicial Court · 1868
- State ex rel. Drake v. DoyleWisconsin Supreme Court · 1876
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