Blaine v. The Ship Charles Carter. Donald and Burton and Others
Supreme Court of the United States
Error to the Circuit Court for the district of Virginia. Blaine libelled the ship Charles Carter, Bell, master, owned by McCawley, upon two bottomry-bonds ; one executed in London, by Bell, the master, on the 14th of July 1796, and payable ten days after the arrival of the ship in Virginia ; the other executed on the 27th of October 1796, by McCawley, the owner, in Virginia, where he resided, and payable in thirty days after the arrival of the ship in Europe.
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Error to the Circuit Court for the district of Virginia. Blaine libelled the ship Charles Carter, Bell, master, owned by McCawley, upon two bottomry-bonds ; one executed in London, by Bell, the master, on the 14th of July 1796, and payable ten days after the arrival of the ship in Virginia ; the other executed on the 27th of October 1796, by McCawley, the owner, in Virginia, where he resided, and payable in thirty days after the arrival of the ship in Europe. The answer of McCawley admitted the truth of all the allegations of the libel; but a claim was interposed by Donald & Burton, creditors…
1Opinion of the Court
Chase, J., (a)
delivered the opinion of the court. — The libel in this case was filed upon two instruments of writing, purporting to be bottomry-bonds, the one executed by the master in a foreign port, the other by the owner, in a port of the state of Virginia, in which state the libel was filed. The voyage of the former bond terminated in Virginia, and the vessel has since made two voyages. The latter instrument was on a voyage which terminated in London, and the vessel has since made a voyage to this country. Upon her return here, and before the warrant of the admiralty was served, the…
2Cited by17 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Tucker v. HarrisSupreme Court of Georgia · 1853
- Voorhees v. Jackson ex dem. President of the Bank of the United StatesSupreme Court of the United States · 1836
- Chesebro v. BarmeMassachusetts Supreme Judicial Court · 1895
- Cavender v. Heirs of SmithSupreme Court of Iowa · 1855
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