(Download) "Hills v. Ross" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Hills v. Ross
- Author : United States Supreme Court
- Release Date : January 01, 1796
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
On the merits, it appeared, that the Plaintiffs in error, had directed to be sold, certain prize cargoes, captured by Captains Talbot and Ballard, under the circumstances, stated in the case of Jansen versus Talbot, ant. p. 133; and that, after notice of the claims filed by the owners of the prizes, they had received and paid over the proceeds to the captors: but, in so doing, they had acted merely as commercial agents, without any share in the ownership of the privateers, or any participation in the direction or emoluments of their illicit cruizing. The principal questions, therefore, were, 1st. Whether, in point of fact, the Plaintiffs had notice of the claims of the original owners of the prizes? And 2nd. Whether, after paying over the proceeds of the cargoes, they were responsible to the claimants for any thing, and for how much? By the Court: It appears, that the damages have been assessed in the courts below, in relation to the value of the goods that were captured: but the Plaintiffs in error were not trespassers ab initio; and, acting only as agents, they should be made answerable for no more than actually came into their hands. The accounts of sales are regularly collected and annexed to the record. We are, therefore, at no loss for criterion: And we think that the decree should be so modified, as to charge them with the amount of sales, after deducting the duties on the goods, if the duties were paid by them.
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