Legal Opinion

Gould v. United States

United States Court of Claims

Decided February 13, 1911No. French Spoliations, 3805Published

The Reporters’ statement of tlie case: The following are the facts of the case as found by the court: I. The brig Fanny, J ohn Gould, master, sailed on a commercial voyage from Kennebunk, in the then State of Massachusetts, on the 27th day of November, 1796, bound for Leogane, Hispaniola, on which voyage she was captured on the high seas on December 30, 1796, by the French privateer Loyaute, Capt. Dolhabaret, and carried into Port de Paix.

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The Reporters’ statement of tlie case: The following are the facts of the case as found by the court: I. The brig Fanny, J ohn Gould, master, sailed on a commercial voyage from Kennebunk, in the then State of Massachusetts, on the 27th day of November, 1796, bound for Leogane, Hispaniola, on which voyage she was captured on the high seas on December 30, 1796, by the French privateer Loyaute, Capt. Dolhabaret, and carried into Port de Paix. The vessel and cargo were afterwards condemned by the French prize tribunal sitting at Cape Francois. II. The brig Hope, J ohn Gould, master, sailed on a…

1Opinion of the CourtPIowry, Judge

This is a petition for reimbursement from the United States under the act of January 20, 1885, 23 Stats., 283; 1 Supp., 471; 2 Supp., 1001. The principal question has never before been presented to the court.

It is alleged that the master at the time of the capture of the brigs was imprisoned, and while in durance vile was subjected to indignities, insufficiently fed, and deprived of the control of his vessels, and damaged for loss of occupation. Substantially the action is for false imprisonment, and to all intents and purposes the claim is for punitive damages.

It is not doubted that one…

2Cases cited3 opinions

  1. Gray v. United StatesUnited States Court of Claims · 1886
  2. Hoy v. Division of HighwaysWest Virginia Court of Claims · 2009
  3. Myers v. Division of HighwaysWest Virginia Court of Claims · 1997

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