Hayden v. United States
United States Court of Claims
The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The schooner Two Cousins, Elijah Devall, master, sailed on a commercial voyage on or about February 11,1797, from Jeremie, bound for Philadelphia.
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The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The schooner Two Cousins, Elijah Devall, master, sailed on a commercial voyage on or about February 11,1797, from Jeremie, bound for Philadelphia. It appears, from the master’s protest, that a few days thereafter, while peacefully pursuing said voyage, she was captured on the high seas by the French privateer La Magdelaine and manned with a prize crew; that on the 27th of February, near the island of Cuba, said schooner met with a Spanish war vessel, ‘the Gloria, which fired several cannon…
1Opinion of the Court
Peelle, Ch. J.,
delivered the opinion of the court:
The facts upon which the decision in this case is founded are set forth in finding x, the material substance of which is that after the Two Cousins had been captured by a French privateer the privateer was fired upon by a Spanish vessel of war, whereupon the prize crew ran the captured vessel *441aground, and compelled her seamen to go on the boat with them, but the master refused and remained on the vessel. After the prize crew had cut away the fasts of the boat on deck, the standing aiid running rigging, and sunk the anchor they abandoned the…
2Cases cited11 opinions
- Collins v. . CollinsNew York Court of Appeals · 1880
- New York Land Improvement Co. v. ChapmanNew York Court of Appeals · 1890
- L'InvincibleSupreme Court of the United States · 1816
- McDonough v. DannerySupreme Court of the United States · 1796
- United States v. SheldonSupreme Court of the United States · 1817
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3Cited by1 opinion
- the Schooner Betsey.United States Court of Claims · 1909