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THE ANTONIO JOHANNA, 14 U. S. 159 (1816)

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U.S. Supreme Court

The Antonio Johanna, 14 U.S. 1 Wheat. 159 159 (1816)

The Antonio Johanna

14 U.S. (1 Wheat.) 159

Syllabus

A neutral ship was chartered for a voyage from London to St. Michaels, thence to St. Petersburgh or any port in the Baltic and back to London, at the freight of 1,000 guineas. On her passage to St. Michaels, she was captured and brought into a port of the United States for adjudication. A part of the cargo was condemned and part restored. The freight was held to be chargeable upon the whole cargo, as well upon that part restored as upon that condemned.

Quaere whether in the above case more than a pro rata freight was due to the master?

This was the case of a Russian ship captured on 2 June, 1814, by the privateer Herald on a voyage from London to St. Michaels and brought into the port of Wilmington, N.C., for adjudication. The ship was chartered by Messrs. Burnet & Co., a mercantile firm at London, for a voyage from London to St. Michaels, thence to Fayal, thence to St. Petersburg or any port in the Baltic, and thence to return to London, at the stipulated freight of one thousand guineas. The ship and cargo were libeled as prize of war, and upon the hearing in the district court, that part of the cargo which was not claimed was condemned. The residue of the cargo, excepting one moiety of certain chanroblesvirtualawlibrary

Page 14 U. S. 160

packages claimed on behalf of Messrs. Ivens & Burnet, a mercantile firm at St. Michaels, was restored. The whole freight was decreed to be paid to the master, and charged exclusively upon the proceeds of the property condemned, and the moiety of the property restored to Messrs. Ivens & Burnet. From so much of this decree as respected the controversy between the captors and the claimants of the cargo an appeal was interposed to the circuit court, where the decree was affirmed, and the cause was brought by appeal from the latter decree to this Court. chanroblesvirtualawlibrary

Page 14 U. S. 167





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