The Benito Estenger
Supreme Court of the United States
' APPEAL PEOM THE DISTRICT COURT OE THE UNITED STATES EOE THE SOUTHERN DISTETOT OE ELOEIDA. The Benito Estenger was captured by the U. S. S. Hornet on June 27,1898, off Cape Cruz on the south side of the island of Cuba, and was brought into the port of Key West and duly libelled on July 2. The depositions in preparatorio of Badamero Perez, Edwin Cole and Enrique de Messa were taken, and thereafter and on July 27 a claim was interposed by Perez as master of the steamer on…
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' APPEAL PEOM THE DISTRICT COURT OE THE UNITED STATES EOE THE SOUTHERN DISTETOT OE ELOEIDA. The Benito Estenger was captured by the U. S. S. Hornet on June 27,1898, off Cape Cruz on the south side of the island of Cuba, and was brought into the port of Key West and duly libelled on July 2. The depositions in preparatorio of Badamero Perez, Edwin Cole and Enrique de Messa were taken, and thereafter and on July 27 a claim was interposed by Perez as master of the steamer on behalf of Arthur Elliott Beattie, a British subject, as owner, supported by test affidavits of himself and de Messa. The…
1Opinion of the CourtChief Justice Fuller
the court.
"If the alleged transfer was colorable merely, and Messa was the owner of the vessel at the time of capture, did the District Court err in condemning the Benito, Estenger as lawful prize as enemy property ?
“Enemy property” is a technical phrase peculiar to prize courts, and depends upon principles of public policy as distinguished from the common law. The general rule is that in war the citizens or subjects of the belligerents are enemies to each other without regard to individual sentiments or dispositions, and that political status determines the question of enemy ownership. And…
2Cases cited10 opinions
- The Amiable IsabellaSupreme Court of the United States · 1821
- The Brig Amy WarwickSupreme Court of the United States · 1862
- Jecker, Torre, & Co. v. MontgomerySupreme Court of the United States · 1856
- The PeterhoffSupreme Court of the United States · 1867
- The CommercenSupreme Court of the United States · 1816
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Johnson v. EisentragerSupreme Court of the United States · 1950
- Techt v. . HughesNew York Court of Appeals · 1920
- The Carlos F. RosesSupreme Court of the United States · 1900
- Stohr v. WallaceDistrict Court, S.D. New York · 1920
- Caparell v. GoodbodyNew Jersey Court of Chancery · 1942
4 more not listed; retrieve them via the Exa API.