THE FRANCES, BOYER, MASTER : KENNEDY'S CLAIM
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Duncan Kennedy, a surviving partner of a New York merchant house, claimed ownership of eight boxes of merchandise from the ship Frances based on an invoice addressed to his firm, but the Supreme Court affirmed a lower court's condemnation of the goods because the evidence—including correspondence referring to the goods as "our goods" without indicating ownership by the merchant house and instructions regarding suitable market goods—failed to establish that the merchant house held legal title to the cargo.
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Marshall, Ch. J.,
delivered the opinion of the court, as follows : — Duncan Kennedy, surviving partner of the house of George Stayley & Co., merchants, of New York, jcokqt claims eight boxes of merchandise, part of the cargo of the ship J Frances, as his property. *The invoice is headed—
“ Glasgow, 8th July, 1812.
“ Messrs. George Stayley & Co. Receive from James Smith.”
A letter from James Smith to George Stayley & Co., in speaking of the goods, terms them “ our goods,” and does not, in any manner, indicate that they are the goods of Stayley & Co. He concludes his letter with saying, “As it is to be hoped the trade will now open, I shall expect your instructions, saying what goods are best suited for the market.” The bill of lading is filled up with the name of George Stayley & Co., “ on account and risk as per invoice.”
There are several letters from George Stayley, in Glasgow, to his father ; but none of them indicate an opinion, that the property of the goods was in George Stayley & Co. The sentence, condemning these goods, must be affirmed.
Sentence affirmed.