STUART v. UNITED STATES


85 U.S. 84 (1873)

18 Wall. 84

STUART v. UNITED STATES.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. T.J. Durant, for the appellant; Mr. C.H. Hill, Assistant Attorney-General, contra.


Mr. Justice HUNT delivered the opinion of the court.

Three questions arise upon the case:

1st. Was the capture of the property made "by an enemy," within the meaning of the statute?

2d. Was the property, at the time of its capture, "in the military service of the United States?"

3d. Does the tenth article of the contract, made in the case, impose upon the owner the risk to which the property was exposed...

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