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The Diana

U.S.
Jan 1, 1818
16 U.S. 58 (1818)

Summary

affirming lower court's ruling that "the damages should be computed at the rate of six per centum on the amount of the appraised value of the cargo"

Summary of this case from Williamson v. Recovery Ltd. P'ship

Opinion

FEBRUARY TERM, 1818.

Decree, in an instance cause, affirmed, with damages at the rate of six per cent. per annum, on the amount of the appraised value of the cargo (the same having been delivered to the claimant on bail), including interest from the date of the decree of condemnation in the district court.


APPEAL from the Circuit Court of South Carolina.

This was an information under the non-importation laws, against the ship Diana and cargo. Condemnation was pronounced in the district and circuit courts, and the cause was brought by appeal to this court. At the last term, on the hearing, it was ordered to further proof; and the further proof not being satisfactory, the decree of the court below, was affirmed, at the present term.

Mr. Berrien, for the United States, inquired, whether the damages should be computed from the date of the bond given for the appraised value of the cargo, or from the decree of the district court.

THE COURT was of opinion, that the damages should be computed at the rate of six per centum on the amount of the appraised value of the cargo, including interest from the date of the decree of condemnation in the district court.

Decree affirmed.


Summaries of

The Diana

U.S.
Jan 1, 1818
16 U.S. 58 (1818)

affirming lower court's ruling that "the damages should be computed at the rate of six per centum on the amount of the appraised value of the cargo"

Summary of this case from Williamson v. Recovery Ltd. P'ship
Case details for

The Diana

Case Details

Full title:THE DIANA

Court:U.S.

Date published: Jan 1, 1818

Citations

16 U.S. 58 (1818)

Citing Cases

Williamson v. Recovery Ltd. P'ship

To be sure, the Williamson Plaintiffs cite a string of Admiralty Cases where courts based damages awards on…