Page:United States Reports, Volume 2.djvu/282

 276 Cases ruled and adjudged in the ` I797. aélually delivered; and I have never heard of any law, in any Vww civilized nation, that deemed it contraband, or unlawful, to carry a few, unarmed, invalid foldiers, to a neutral country, in purfuit of health and refrefhment. A fourth ground of defence has been taken, upon this confi- deration, that the houfehold furniture of the paffengers came · within the defcription of the cargo of the veffel; and, therefore, the warranty had not been firiftly performed. I confefs, that I agree in the general idea, that houfehold fumiture cannot be regarded as baggage, and mult oonfiitnte a part of the cargo; but (till, to admit this exception, under the peculiar citcumflan- ces of the lhipment, would be too indulgent to a harfh and cap- tious fpirit of litigation; nor, throughout the hiftory of Admiral- ty proceedings, can there be traced a fingle inilanee of condem- nation, for uch a eaufe. Upon the whole, it is our opinion, that the plaintiff is entitled. to recover the amount of both Policies. Verdiét for the Plaintiff? 1 y Younc vnyiu Wrurnc, et.al, $*12 #55 THB was an a&ion of Trover, inflituted in Sepiemberterm, · ' ' ' r7g4, to recover the value of certain ublic certificates, W; 2l$/L which the plaintiff claimed as his property. li appeared on the trial, however, that he had fold the certificates to the defendants in November 1 784, that his prefent claim was founded ori a fuppofed difafiirmance of the fale (the circumftances of which it is unneceffary to fiate) when the certificates were difcovered to be counterfeit in the month of December following; and that the aélion was infiituted in his own name, though he had been difcharged under the laws for the relief of infolvent debtors, in Sqtember r78g, after making a general allignment of his pro- perty, for the benefit of his creditors. On the opening of the defence, Tr-rc Counrr thought the merits were in favor of the defendants; bill of exceptions, beeanfe the Court did not direéi the jury, in point of law, to cenlider the decree as conelulive. B1 rn: Counr :-We do not {ay what would have been our opi- nion, if the decree had exprefsly condemned the property as Fmxrb: butt in its prefent lhte, we do not think it coneluiive, to prevent evi- dence that the cargo was aéiually neutral. The defendant afterwards moved for a new trial, but it was refufed. HG their br•ught a writ of error; but, on the 1 gth of july 1797, the judgment, entered in purfuance of the verdift, was affirmed.
 * At the elofe of the charge, "I’i'@l>m¤n claimed leave to tender a

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