Stewart's Administratrix v. Callaghan

U.S. Circuit Court for the District of District of Columbia

Stewart's Administratrix v. Callaghan

23 F. Cas. 54, 4 D.C. 594, 4 Cranch 594

CourtU.S. Circuit Court for the District of District of Columbia

DecidedNovember 15, 1835

StatusPublished

This text of 23 F. Cas. 54 (Stewart's Administratrix v. Callaghan) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stewart's Administratrix v. Callaghan, 23 F. Cas. 54, 4 D.C. 594, 4 Cranch 594 (circtddc 1835).

Pincite

Opinion

But the Court

(nem. con.) was of opinion, that as the commissions of the supercargo would have been a charge upon the proceeds of the sales of the cargo, if it had arrived at the place of its destination, they are to be considered as a charge upon the fund, which stands in the place of .those proceeds of sales, and were not a proper charge against the king of the Two Sicilies, under the treaty of indemnity, and that the plaintiff is entitled to the same, under the agreement, both at law and in equity.

The injunction was ordered to stand until final hearing.

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But the Court

(nem. con.) was of opinion, that as the commissions of the supercargo would have been a charge upon the proceeds of the sales of the cargo, if it had arrived at the place of its destination, they are to be considered as a charge upon the fund, which stands in the place of .those proceeds of sales, and were not a proper charge against the king of the Two Sicilies, under the treaty of indemnity, and that the plaintiff is entitled to the same, under the agreement, both at law and in equity.

The injunction was ordered to stand until final hearing.

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Bluebook (online)

23 F. Cas. 54, 4 D.C. 594, 4 Cranch 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewarts-administratrix-v-callaghan-circtddc-1835.