Opinion
March 12, 1814.
THIS was likewise a case of goods by the Frances, condemned in the Circuit Court of Rhode Island. They were claimed by Duncan Kennedy, an American citizen, who appealed to this Court.
The case was submitted to the Court without argument.
Absent. . . . LIVINGSTON, J.
Duncan Kennedy, surviving partner of the house of George Stayley Co. merchants of New York, claims eight boxes of merchandize, part of the cargo of the ship Frances, as his property.
The invoice is headed
" Glasgow, 8 th July, 1812.
"Messrs. George Stayley Co.
"Receive from James Smith."
A letter from James Smith to George Stayley Co. in speaking of the goods, terms them " our goods," and does not, in any manner, indicate that they are the goods of Stayley Co. He concludes his letter with saying, "As it is to be hoped the trade will now open, "I shall expect your instructions saying what goods "are best suited for the market."
The bill of lading is filled up with the name of George Stayley Co. " on account and risk as per invoice."
There are several letters from George Stayley, in Glasgow, to his father; but none of them indicate an opinion that the property of the goods was in George Stayley Co:
The sentence, condemning these goods, must be affirmed.