Grant v. M'Lachlin
New York Supreme Court
THIS was an action of trover for a vessel, called the William, of Hallóte ell, Kennebeck. The cause was tried at the sittings in New-Tork, on the 24th December, 1807, before Mr. Justice Spencer. J J In the autumn of the year 1804, the plaintiffs were J , 1 owners of the vessel in question, and in November, 1804, sent her on a voyage from the United States to the West-Indies. Swift, one of the plaintiffs, was master.
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THIS was an action of trover for a vessel, called the William, of Hallóte ell, Kennebeck. The cause was tried at the sittings in New-Tork, on the 24th December, 1807, before Mr. Justice Spencer. J J In the autumn of the year 1804, the plaintiffs were J , 1 owners of the vessel in question, and in November, 1804, sent her on a voyage from the United States to the West-Indies. Swift, one of the plaintiffs, was master. During the voyage, the vessel was captured by a French privateer, and carried into Porto Rico, a Spanish port. It appeared from the testimony of the mate, that the Spanish…
1Opinion of the CourtThompson, J.
The first question which this case presents is, whether the plaintiffs are entitled to recover; and the conclusion to which I have arrived on this point will render it unnecessary for me to examine the second question made on the argument, which relates to the rule of damages.
The capture of the vessel by the French privateer was no doubt illegal; and as the captors never brought the subject to a trial, nor obtained any judicial condemnation, but violently appropriated the vessel to their own use, the title of the plaintiffs was not lost by these irregular and piratical *40proceedings. The only…
2Cited by11 opinions
- Barrett v. HinckleyIllinois Supreme Court · 1888
- Edgerly v. . BushNew York Court of Appeals · 1880
- Medley v. ElliottIllinois Supreme Court · 1872
- Young v. KellarSupreme Court of Missouri · 1887
- The TrentonDistrict Court, E.D. Michigan · 1880
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