United States Supreme Court Cases & Opinions

U.S. Supreme Court

The Venus, 18 U.S. 5 Wheat. 127 127 (1820)

The Venus

18 U.S. (5 Wheat.) 127

Syllabus

A question of proprietary interest on further proof. Restitution decreed.

Captors' costs and expenses ordered to be paid by the claimant, it being his fault that defective documents were put on board.

On further proof, the affidavit of the claimant is indispensably necessary.

This cause was continued for further proof at February term, 1816, see 1 Wheat. 112. Owing to various accidents, the further proof was not received until the last term, and the case was now argued upon the further proof then produced and filed. It consisted of invoices of the cargo; bills of lading; accounts of sale; accounts of disbursements; the original correspondence between the

Page 18 U. S. 128

claimant and Mr. Jones, his agent in London; and the original procuration from the claimant to Mr. Jones, recited in the power given from the latter to Diamond, the supercargo, one of the original papers found on board; to which was added the affidavit of Mr. Jademerowsky, the claimant, verifying the correspondence and explaining the circumstances of doubt and suspicion which appeared upon the original evidence.

Page 18 U. S. 130