The Sally Magee
Supreme Court of the United States
Appeal from a decree'of tbe District Court for the Southern District of New York, condemning as enemy’s property the bark Sally Magee and her cargo, captured during the late rebellion; the question before this court being, however, only as to the cargo; the condemnation of the vessel not being appealed from. The case was thus: Before the commencement of the rebellion; the vessel had been engaged in trade between Richmond and South America.
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Appeal from a decree'of tbe District Court for the Southern District of New York, condemning as enemy’s property the bark Sally Magee and her cargo, captured during the late rebellion; the question before this court being, however, only as to the cargo; the condemnation of the vessel not being appealed from. The case was thus: Before the commencement of the rebellion; the vessel had been engaged in trade between Richmond and South America. Her outward voyages were usually to Rio Janeii’o. She left Richmond upon her last voyage on the 2d of January, 1861 — that is to- say, about three months…
1Opinion of the CourtJustice Swayne
*
When a vessel is liable to confiscation, the first presumption is that the cargo is in the same situation. † The bills of lading in the case are in evidence. The goods were consigned to parties living in Richmond. This vested the ownership in them. Such is the legal effect of a bill of lading as regards the consignee, unless the contrary is shown by the bill of lading itself or by extrinsic evidence. ‡ Upon the proofs there Avas clearly a prima facie case for the condemnation of the entire cargo.
We will consider, first, the claim in behalf of Coleman & Co.
In our opinion the law was correctly…
2Cited by13 opinions
- The Carlos F. RosesSupreme Court of the United States · 1900
- Rosenbush v. BernheimerMassachusetts Supreme Judicial Court · 1912
- Keller v. . PaineNew York Court of Appeals · 1887
- The PrussiaDistrict Court, D. Washington · 1900
- Bonds-Foster Lumber Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1909
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