Legal Opinion

Insurance Co. of the State of Pennsylvania v. United States

United States Court of Claims

Decided March 16, 1914Published

On the Proofs. The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The schooner Experiment, whereof Archibald Maxwell was then master, sailed on a commercial voyage from Philadelphia, Pa., on July 20, 1798, bound to Antigua. While peacefully pursuing said voyage she was seized on the high seas, August 5, 1798, by the French privateer Deux Amis, Capt.

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On the Proofs. The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The schooner Experiment, whereof Archibald Maxwell was then master, sailed on a commercial voyage from Philadelphia, Pa., on July 20, 1798, bound to Antigua. While peacefully pursuing said voyage she was seized on the high seas, August 5, 1798, by the French privateer Deux Amis, Capt. Daubas, a prize crew was placed on board, and she was ordered for Guadeloupe. The prize crew robbed the vessel of a number of articles and carried away the ship’s papers. On the night of the…

1Opinion of the CourtHowrt, Judge

On the findings the resulting question is whether after the original capture of this neutral by the French privateer and the subsequent taking of the ship by the authorities of the Batavian Republic under the guns of one of its forts and the bringing of the neutral to an anchor and landing the cargo on Dutch soil, and selling the property, the United States had any claim or relinquished their.claim against France.

There was no decree of condemnation prior to the sale, but afterwards the vessel and car go. were condemned as good prize by a commercial tribunal sitting at Basseterre, Guadeloupe,…

2Cases cited4 opinions

  1. Field v. United StatesUnited States Court of Claims · 1892
  2. English v. United StatesUnited States Court of Claims · 1894
  3. Gladding v. United StatesUnited States Court of Claims · 1902
  4. Whipple v. United StatesUnited States Court of Claims · 1900

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