THE FRANCES, BOYER, MASTER: GILLESPIE'S CLAIM

U.S. | 1814-03-12
(Absent, Livingston, J.)
8 Cranch 363 Supreme Court of the United States (1814) Positive Treatment
Also reported at: 3 L. Ed. 590 · 1814 U.S. LEXIS 437 · SCDB 1814-032
Cited by 4 cases

Opinion of the Court
Marshall, Ch. J.,

Marshall, Ch. J.,

delivered the opinion of the court, as follows : — Colin Gillespie, a naturalized American citizen, residing in Glasgow, claimed sundry goods, shipped on his own account, as his property. This claim depends entirely on his national character, and is decided in the case of The Venus (ante, p. 253). The sentence of the circuit court, condemning the property of the claimant, is affirmed.

Sentence affirmed.


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  • Stadtmuller v. Miller, 11 F.2d 732 (2d Cir. 1926)
    …til he has actually so put himsef in itinere the character of the country, where he resides, attaches indissolubly to him. He takes it with all its benefits and all its disadvantages.” The above ease was affirmed by the Supreme Court (8 Craneh, 363, 3 L. Ed. 590), and the principle was laid down that the commercial domicile of a merchant at the time of the capture of his goods determines the character of those goods, whether hostile or neutral. But Stadtmuller had not established a commercial domicile in G…
  • Josephberg v. Markham, 152 F.2d 644 (2d Cir. 1945)
    ….S.D.N.Y., 263 F. 909. Residence by a citizen in the enemy’s country for the purpose of trade stamps the property of the citizen with an enemy character sufficient to support the seizure and confiscation of his property. The Frances, 8 Cranch. 363, 3 L.Ed. 590. “* * * any property which the enemy can use, either by actual appropriation or by the exercise of control over its owner, or which the adherents of the enemy have the power of devoting to the enemy’s use, is a proper subject of confiscation.” Mille…

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