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eBook details

• Title: Hannay v. Eve
• Author : United States Supreme Court
• Release Date : January 01, 1806
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

THIS was a writ of error to the circuit court of the United States, for the district of Georgia, sitting in chancery, to reverse a decree which dismissed the complainant's bill on a demurrer. The complainant, as assignee of Cruden and Company, alleged, in his bill, that on the 24th of December, 1782, during the war between, the United States and Great-Britain, the British armed ship Dawes, owned by Crudem and Company, who were British subjects, and commanded by Oswell Eve, the defendant, sailed with a cargo, the property of Cruden and Company, from Kingston, in Jamaica, for New-York, then in possession of the British troops. That on her passage the ship met with much tempestuous weather, by which she was rendered incapable of reaching her port of destination; in consequence of which, the defendant, after consultation with the crew and passengers, came to the determination to sail for the nearest port in the United States, thereby to save the lives of the crew and passengers, which were in imminent danger, and also to save as much as possible to the owners. That the vessel and cargo were liable to be captured by the cruisers of the United States; or if she went into any port of the United States, without being captured, she would become a droit of admiralty to the United States, or some of them. That the defendant stated to the crew and passengers, that as congress, by their resolve of the 9th of December, 1781, had enacted and declared, 'That all ships and vessels, with their cargoes, which should be seized by the respective crews thereof, should be deemed and adjudged as lawful prize to the captors,' as the vessel was incapable of reaching New-York, and as she would be totally lost to the owners, to himself, and the crew, if captured by the cruisers of the United States, the best mode would be, to seize and capture the vessel and cargo, make the passengers, who were military men of high rank and distinction, prisoners of war, and sail for the nearest port, and there obtain a condemnation of the vessel and cargo, for the benefit and compensation of the crew, who would lose their wages, if she was regularly captured, and that the residue should remain in the defendant's hands, as agent and trustee, and for the sole use and benefit of the owners. That this plan was agreed to, and executed; and an agreement, signed by the defendant and the crew, ascertaining what share each man was to be allowed, and which was to be the basis of the judge's decree, as to the distribution of the prize-money. That the crew consented to the defendant's having a larger share than they would, if he had not declared his intention to act in the whole, as the agent and trustee, and for the benefit of the owners. That the vessel was accordingly carried into a port in North-Carolina, libelled, condemned, and distribution made, according to the proportion fixed by the agreement. That the defendant afterwards purchased a number of the shares of the seamen, for the benefit of his owners; that he also purchased part of the cargo, at the marshal's sales, and shipped it to Charleston, where he sold it to great profit, for the benefit of the owners. The bill then prays a discovery, and that the defendant may account, and be decreed to pay, &c.

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