Legal Opinion

Cook v. United States

United States Court of Claims

Decided December 15, 1873PublishedCited by 1 opinion

The cotton was taken by William Budd, commanding the United States ship Somerset, on the 30th of October, 1803. It appears that the captain of the steamer brought the cotton to Key West, and there proceedings in prize were commenced against it, which resulted in its sale, and the net proceeds are shown to have been $2,703.13 The Act March 12,1863, section 0, is as follows: 11 And be it further enacted, That it shall be the duty of every officer or private of the regular or…

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The cotton was taken by William Budd, commanding the United States ship Somerset, on the 30th of October, 1803. It appears that the captain of the steamer brought the cotton to Key West, and there proceedings in prize were commenced against it, which resulted in its sale, and the net proceeds are shown to have been $2,703.13 The Act March 12,1863, section 0, is as follows: 11 And be it further enacted, That it shall be the duty of every officer or private of the regular or volunteer forces of the United States, or any officer, sailor, or marine, in the naval service of the United States, upon…

1Opinion of the Court

Drake, Ch. J.,

delivered the opinion of the court:

On the 30th of October, 1863, the claimant was the owner of ten bales of cotton, stored in a warehouse in the town of Apalachicola, Fla., at the mouth of the Apalachicola River. On that day the United States ship of war Somerset sent boats to the town, which found and captured the said cotton, and the same was sent thence to Key West, and delivered to the prize commissioner appointed by the district court of the United States for the southern district of Florida. Proceedings were instituted in said court against the cotton as maritime prize,…

2Cases cited1 opinion

  1. Mrs. Alexander's CottonSupreme Court of the United States · 1865

3Cited by1 opinion

  1. Swan v. United StatesUnited States Court of Claims · 1884

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