Gladding 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 in the case of the Happy Return: I. The brig- Happy Return, Ezekil Durfey, master, sailed on a commercial vo3rage from Newport, R. I., on the 2d of October, 1796, bound for Surinam. She was compelled by stress of weather to run into Demerara, where she arrived on the 30th of November, and there disposed of her cargo.
Read the full summary
The Reporters’ statement of the case: The following are the facts of the case as found by the court in the case of the Happy Return: I. The brig- Happy Return, Ezekil Durfey, master, sailed on a commercial vo3rage from Newport, R. I., on the 2d of October, 1796, bound for Surinam. She was compelled by stress of weather to run into Demerara, where she arrived on the 30th of November, and there disposed of her cargo. A return cargo was then purchased, and she sailed from Demerara on the 10th of May, 1797, bound for Newport. On the 22d of May, when 90 miles from Sombrero, she was captured by the…
1Opinion of the Court
Nott, Ch. J.,
delivered the opinion of the court:
The question presented by this and other cases is whether the owner of a vessel seized by a French cruiser or privateer upon the high seas and carried within the jurisdiction of a friendly neutral nation, and while there illegally condemned, was entitled to • indemnity against France. A variation of the question is also in some of these cases presented, viz, whether the seizure of an American vessel within the waters of a friendly neutral power does not render the latter exclusivety responsible.
In the absence of an international code defining…
2Cases cited5 opinions
- Duncan v. ElamSupreme Court of Louisiana · 1841
- Field v. United StatesUnited States Court of Claims · 1892
- Borne v. PorterSupreme Court of Louisiana · 1843
- Stanbrough v. ScottSupreme Court of Louisiana · 1841
- Stumps v. United StatesUnited States Court of Claims · 1892
3Cited by2 opinions
- Hayden v. United StatesUnited States Court of Claims · 1907
- Insurance Co. of the State of Pennsylvania v. United StatesUnited States Court of Claims · 1914