United States v. Hall
U.S. Circuit Court for the District of Pennsylvania
Action upon an embargo bond given by the defendant, on the 27th of December, 1807, with condition to reland the cargo taken in for Portland, within the United States, the dangers of the seas only excepted.
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Action upon an embargo bond given by the defendant, on the 27th of December, 1807, with condition to reland the cargo taken in for Portland, within the United States, the dangers of the seas only excepted. It appeared in evidence, that the vessel sailed on her voyage, and on the 3d of January. 1808, had proceeded as far as the Nantucket shoals, when she got on them, and the •weather became so boisterous and severe, that the men were nearly disabled, by the frost, from navigating the vessel; and they applied to the master to leave the coast, and seek some more southern port. The wind, which…
1Opinion of the Court
WASHINGTON. Circuit Justice
(charging jury). After stating the evidence—the first question is, whether the defendant was prevented, hy a peril of the sea, from relanding his cargo at some port in the United States? What constitutes a peril of the sea. is a question of law. Whether the defendant was prevented by such peril from complying with the condition of his bond, is a fact for you to ‘determine. It is true, the question will sometimes become, in process of time, a point of law, which, depending originally on extraneous evidence, had been submitted to the determination of the jury, as a…
2Cited by29 opinions
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- Tapia v. Superior CourtCalifornia Supreme Court · 1991
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