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[Download] "Otis, Plaintiff in Error, Against Walter, Defendant in Error" by United States Supreme Court " eBook PDF Kindle ePub Free

Otis, Plaintiff in Error, Against Walter, Defendant in Error

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eBook details

  • Title: Otis, Plaintiff in Error, Against Walter, Defendant in Error
  • Author : United States Supreme Court
  • Release Date : January 13, 1826
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

ERROR to the Supreme Judicial Court of the State of Massachusetts. This is the same cause which was formerly before this Court.1 a to recover damages for the alleged conversion of sundry articles composing the cargo of the sloop Ten Sisters. Otis, in the capacity of collector of the District of Barnstable, had, in the year 1808, seized and detained the vessel and cargo under the provisions of the embargo act of the 25th of April in that year. This is the third time that this cause has been brought to the notice of this Court. In the two former instances, it came up upon bills of exceptions, and in both the decisions of that Court were reversed, and a venire facias de novo awarded. In the present instance, a special verdict has been taken, and, as the law was settled in the two former decisions, that until the termination of the voyage the collector was protected in the honest exercise of an unlimited discretion in detaining the vessel, and, by necessary consequence, in resorting to the ordinary and necessary means of securing and preserving both vessel and cargo, this verdict seems to be drawn up with a view to bring up the single question, whether, in the sense of the laws of Congress, and of the decisions of this Court, this voyage was not, in effect, terminated before the seizure.


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