Ruan v. Perry
New York Supreme Court
THIS was an action of tresspass brought against the defendant who was commander of the United States' frigate General Green, for seizing and taking the Danish schooner William and Mary and her cargo, the property of the plaintiff. The declaration contained two counts.
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THIS was an action of tresspass brought against the defendant who was commander of the United States' frigate General Green, for seizing and taking the Danish schooner William and Mary and her cargo, the property of the plaintiff. The declaration contained two counts. One charging the defendant with sejzing, arresting, and for a long time detaining the. vessel and cargo, and conveying them towards Jacmel in Hispaniola, out of the course of the voyage on which bound, by means whereof they were attacked, seized and carried away as prize, by persons on board a French barge, in the service of…
1Opinion of the Court
Per curiam delivered by
Tomkins J.
*123Under the instructions of the defendant, he was authorized to detain a vessel a sufficient length of time to perform the duties enjoined upon him by government. In suspicious cases, and for the purpose of examination he had a right, not only to detain vessels whilst he was examining the papers and the crew, but, upon reasonable suspicion, to divert them from the course of the voyage, and to send them into port. What length of time might be sufficient to detect the frauds, which his instructions were intended to prevent, must depend upon the circumstances in…
2Cited by24 opinions
- Stone v. Hawkeye Ins.Supreme Court of Iowa · 1886
- Gebhart v. BurkettIndiana Supreme Court · 1877
- Gough v. St. JohnNew York Supreme Court · 1837
- Barton v. ThompsonSupreme Court of Iowa · 1881
- Dudley v. McCluerSupreme Court of Missouri · 1877
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