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THE SOCIETE, 13 U. S. 209 (1815)

U.S. Supreme Court

The Societe, 13 U.S. 9 Cranch 209 209 (1815)

The Societe

13 U.S. (9 Cranch) 209


If a neutral vessel be captured on her outward voyage from England to Amelia Island carrying a hostile cargo, which is condemned, and if by the charter party the outward cargo is to be carried free of freight but the homeward cargo is to pay at a certain rate, to be ascertained by the nature of the cargo, yet the court will decree freight pro rata itineris of the outward cargo, to be assessed upon the principles of a quantum meruit.

This Court will not allow a new claim to be interposed here, but will remand the cause, to the circuit court, where it may be presented.

Appeal from the sentence of the Circuit Court for the District of Georgia affirming the decree of the district court which allowed freight pro rata itineris to the Swedish ship Societe, captured on her outward voyage

Page 13 U. S. 210

from England to Amelia Island with a British cargo on board, which was condemned as prize of war.

By the charter party, the outward cargo to Amelia Island was to be carried freight free, and the homeward cargo was to pay at the rate of three pence halfpenny a pound for cotton, and in the same proportion for other goods.

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