Schutz v. The Nancy

D. South Carolina

Schutz v. The Nancy

21 F. Cas. 759

District Court, D. South Carolina·Decided March 15, 1799·Published

Opinion

THE COURT,

in this case, said that salvage was unquestionably due, but must be reasonable; and that agreements entered into at sea, by persons in distress, were void in law: as in cases of duress on land. This was done in the case of Cowell v. The Brothers [Case No. 3,294], decided here. The judge also compared the circumstances of The Nancy with those of The Canada [Id. 219] and L’Esperanza [Id. 1,647], which had also been argued here; and after a full view of the case ordered that the sum of one thousand dollars should be allowed to the libellants by way of compensation.

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THE COURT,

in this case, said that salvage was unquestionably due, but must be reasonable; and that agreements entered into at sea, by persons in distress, were void in law: as in cases of duress on land. This was done in the case of Cowell v. The Brothers [Case No. 3,294], decided here. The judge also compared the circumstances of The Nancy with those of The Canada [Id. 219] and L’Esperanza [Id. 1,647], which had also been argued here; and after a full view of the case ordered that the sum of one thousand dollars should be allowed to the libellants by way of compensation.

Schutz v. The Nancy, 21 F. Cas. 759 (D.S.C. 1799).

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