HOOD'S v. NESBIT, ET. AL


2 U.S. 137 (____)

2 Dall. 137

HOOD'S Executors v. NESBIT, et. al.

Supreme Court of United States.


Attorney(s) appearing for the Case

The cause was argued by Lewis, and Sergeant for the Plaintiffs, and by Wilcocks and Ingersoll for the Defendants.


The opinion of the Court was delivered on the 10th of January.

M`KEAN, Chief Justice, after stating the material facts, said —

This is either a deviation or a barratry. The nature of barratry seems now pretty well understood, and we think there ought to appear fraud in the master's conduct, before it is considered as barratry. Barratry is a criminal act towards his owners, or an act done solely for his benefit...

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