Legal Opinion

The Nuestra Señora De Regla

Supreme Court of the United States

Decided March 12, 1883PublishedCited by 31 opinions

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The steamer Nuestra Señora de Regla was built in New York for the claimant, a railroad company in Cuba, created by the laws of Spain. She was delivered to an agent of the claimant on the 6th of November, 1861, and sailed for Havana in command of a Spanish master.

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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The steamer Nuestra Señora de Regla was built in New York for the claimant, a railroad company in Cuba, created by the laws of Spain. She was delivered to an agent of the claimant on the 6th of November, 1861, and sailed for Havana in command of a Spanish master. She was a side-wheel steamer of about three hundred tons burden, built to ran on a ferry between Havana and a terminus of the railroad’ company’s 'railroad, On her way down the coast she went into Port Royal, and while there the quarter-master…

1Opinion of the CourtChief Justice Waite

After reciting the facts as above stated he continued :

That the steamer was not lawful prize or the subject of capture was expressly decided on the former appeal. It was also impliedly settled that the capturé ivas without probable cause, for it was said that the owner was undoubtedly entitled to a fair indemnity for the losses sustained, the only difficulty being as to the amount. These questions are, therefore, no longer open. Clark v. Keith, 106 U. S. 464; Supervisors v. Kennicott, 94 U. S. 499.

The' first of the remaining questions to be considered is whether a decree can be entered…

2Cases cited5 opinions

  1. The Apollon.Supreme Court of the United States · 1824
  2. Slocum v. MayberrySupreme Court of the United States · 1817
  3. Supervisors v. KennicottSupreme Court of the United States · 1877
  4. Clark v. KeithSupreme Court of the United States · 1883
  5. Porter v. United StatesSupreme Court of the United States · 1883

3Cited by31 opinions

  1. United States v. Norwegian Barque TheklaSupreme Court of the United States · 1924
  2. United States v. WorleySupreme Court of the United States · 1930
  3. The Paquete HabanaSupreme Court of the United States · 1903
  4. Republic of China v. American Express Co., Inc.Court of Appeals for the Second Circuit · 1952
  5. United States v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1936

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