4 Johns. 34 | N.Y. Sup. Ct. | 1809
delivered the opinion of the court. The first question which this case presents is, whether the plaintiffs are entitled to recover; and the conclusion to which I have arrived on this point will render it unnecessary for me to examine the second question made on the argument, which relates to the rule of damages.
The capture of the vessel by the French privateer was no doubt illegal; and as the captors never brought the subject to a trial, nor obtained any judicial condemnation, but violently appropriated the vessel to their own use, the title of the plaintiffs was not lost by these irregular and piratical
We are, accordingly, of opinion, that judgment must be given for the defendant.
Judgment for the defendant-.