United States Reports/Volume 2/Bain, et. al. v. Schooner Speedwell, et. al. (2 U.S. 40)

by Alexander J. Dallas

Court of Appeals in Cases of Capture

2 U.S. 40

Bain, et. al., Appellants  v.  Schooner Speedwell, et. al.. Appellees

Admiralty Court of Rhode Island

 Argued: … --- Decided: 24 May 1784

This was an appeal from the Admiralty of the State of Rhode-Island, where the Schooner had been condemned as prize; and the record was submitted to the decision of the Court, without argument. On the 24th of May, 1784, Griffin, Reed, and Lowell, the presiding Commissioners, delivered the following judgment:

By the Court. It appearing, by the inspection of the record, that the Schooner in question, was captured from the British, since the operation of the preliminary articles of peace, (to wit, on the day⁠of⁠) the condemnation cannot be sustained.

Decree reversed.