The Saratoga v. Four Hundred & Thirty-Eight Bales of Cotton
U.S. Circuit Court for the District of Louisiana
[Appeal from the district court of the United States for the district of Louisiana.] This was an admiralty appeal. The case was this: The cotton was on the plantation of W. H. Gill, the claimant, in Red River county, Texas, who had an agent employed to guard it. In March, 1866, one Turnbull an agent of the treasury, had the cotton seized as captured or abandoned property and, against the protest of Gill, conveyed in wagons to Shreveport, Texas, and there stored.
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[Appeal from the district court of the United States for the district of Louisiana.] This was an admiralty appeal. The case was this: The cotton was on the plantation of W. H. Gill, the claimant, in Red River county, Texas, who had an agent employed to guard it. In March, 1866, one Turnbull an agent of the treasury, had the cotton seized as captured or abandoned property and, against the protest of Gill, conveyed in wagons to Shreveport, Texas, and there stored. In April the master of the steamer Saratoga, against the express wishes of Gill, paid the charges on the cotton for transportation…
1Opinion of the Court
WOODS, Circuit Judge.
The claimant byway of defense to the libel, answers: (1) That the cotton was shipped without his consent, but when he learned he could not prevent its shipment, he consented that it might be shipped, provided libellants would not pay the charges claimed thereon. (2) That the charges claimed to have been advanced, if they were in fact advanced, were incurred without the knowledge or consent of claimant. (3) That the cotton was forcibly and illegally and without consent of claimant, taken from the possession and plantation of claimant, in Red River county, Texas, and…
2Cited by9 opinions
- Irvine v. the HesperSupreme Court of the United States · 1887
- T. M. Duche & Sons, Ltd. v. American Schooner "John Twohy"Supreme Court of the United States · 1921
- North Pac. Coast R. Co. v. HallCourt of Appeals for the Ninth Circuit · 1905
- Munson S. S. Line v. Miramar S. S. Co.Court of Appeals for the Second Circuit · 1909
- Lewis v. TrantCourt of Appeals for the First Circuit · 1894
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