Dingley v. United States

Citations

• 39 Ct. Cl. 376
• 1904 U.S. Ct. Cl. LEXIS 93
• 1903 WL 829

Syllabus

<p>On the claimants’ Motion.</p> <p>The schooner Hazard is captured and condemned in January, 1800. The grounds of condemnation'of-the vessel are insufficient, but a question arises as to the neutrality of the cargo. It appears that there was an absence of papers, but there was the testimony of the master and one of the crew showing that the owners were American citizens and that the prize court condemned the vessel upon other grounds.</p> <p>I.A neutral vessel should be furnished with documents requisite to support her neutral character and the neutral character of the cargo; yet the want of any one of them is not conclusive against her. The cases examined.</p> <p>II.Under the rules of international law the matter of neutrality must be decided according to the principle of good faith and not from the omission of a paper or causes free from fraud.</p> <p>III.The presence of papers does not necessarily imply a fair case; the absence of them does not furnish conclusive ground for condemnation.</p>