Smyth v. United States
United States Court of Claims
On the claimants' Motion. The Reporters’ statement of the case: I. The ship Asia, Edward Yard, master, sailed on a commercial voyage from Calcutta on February 16, 1797, bound for Philadelphia, duly provided with a register, invoices, and letters (but whether a sea letter was included does not appear to the satisfaction of the court). It does not appear that this vessel was provided with a passport as required by the treaty of 1778. On July 7,1797, when the ship was about 8…
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On the claimants' Motion. The Reporters’ statement of the case: I. The ship Asia, Edward Yard, master, sailed on a commercial voyage from Calcutta on February 16, 1797, bound for Philadelphia, duly provided with a register, invoices, and letters (but whether a sea letter was included does not appear to the satisfaction of the court). It does not appear that this vessel was provided with a passport as required by the treaty of 1778. On July 7,1797, when the ship was about 8 miles off Cape Uenlopen, she was hailed by an armed schooner showing Spanish colors. When answered that the Asia had come…
1Opinion of the CourtHowky, J.
This is a motion on behalf of claimant to amend the findings and substitute for the court’s conclusions of law a different result on the facts as found in a cause arising under the act of January 20, 1885, 23 Stat., 283.
*191It was shown by the findings of the court that the ship Asia was stopped on the high seas by a French privateer; and although it appeared that the ship was provided with a register, sea letter, invoices, etc., the master of the privateer undertook to carry the Asia as a neutral in for examination. Before reaching any port the privateer, with the merchantman so taken by the…
2Cases cited5 opinions
- Winston v. United StatesUnited States Court of Claims · 1889
- Carter v. United StatesUnited States Court of Claims · 1902
- Cole v. United StatesUnited States Court of Claims · 1892
- English v. United StatesUnited States Court of Claims · 1904
- Harvey v. United StatesUnited States Court of Claims · 1904