¶1in this case, said that salvage was unquestionably due, but must be reasonable; and that agreements entered into at sea, by persons in distress, were void in law: as in cases of duress on land. This was done in the case of Cowell v. The Brothers [Case No. 3,294], decided here. The judge also compared the circumstances of The Nancy with those of The Canada [Id. 219] and L’Esperanza [Id. 1,647], which had also been argued here; and after a full view of the case ordered that the sum of one thousand dollars should be allowed to the libellants by way of compensation.
21 F. Cas. 759
Schutz v. The Nancy
U.S. District Court
Decided March 15, 1799
U.S. District Court · decided 1799-03-15
The Nancy, on her passage from Martinique to St Kitt’s sprung a leak, which being considerable, and one of the pumps being rendered useless, the crew agreed to stand for the first port Four days after this, they threw overboard part of the cargo; in ten days more, made the land, and sent on shore for a pilot.
Decided 1799-03-15