Moses Plummer, Libellant, vs. Michael Webb
“Libel in the admiralty in personam.
“Libel in the admiralty in personam.
“This was a bill in equity, brought to obtain an injunction and general relief against a judgment rendered in this Court at May term, 1825, in favour of the present defendant, and against the present plaintiffs, for the recovery of a moiety of certain parcels of land. The original action was a writ of entry sur disseisin, upon a supposed disseisin of one William McGlathry, under whom the plaintiffs derived title as tenants of the freehold.
“Assumpsit. The principal circumstances were as follows. The defendants (who are citizens of Maine) were owners of the brig Diana, of which William Heddean was master. She arrived at Havana in the island of Cuba, and was consigned to the plaintiff (a citizen of Connecticut, but a resident merchant at Havana), by the master, to procure freight on a freighting voyage.
“These were actions of debt, brought officially by the postmaster general upon bonds given for the faithful performance of his duties, by one Benjamin Whittier, late postmaster at Belfast, Maine, who is since deceased.
“Libel of seizure against an open boat and her lading, seized in fact at Eastport on navigable waters for a violation of the laws of the United States, on the 4th of January 1828, by the collector of the district of Passamaquoddy. At the trial in the District Court, a decree of condemnation was pronounced against the boat and all her lading, except 7 barrels of flour, 2 barrels of pork, and 13 bags of meal, for default of any claim.
“Assumpsit. This action was brought for the recovery of about $3000, together with the additional damages of two per cent, per month, authorized by the laws of Massachusetts, in cases where any bank shall refuse or neglect to pay its bank-bills in specie on demand. The facts were as follows.
“Indictment for taking a false oath under the Pension Act of 1st of May, 1820, ch. 51. Plea, not guilty. At the trial a verdict was found against the defendant. Fessenden, for the defendant, made two points of law on a motion in arrest of judgment. 1. That the act did not make the offence perjury in its technical sense, though it affixed to it the same punishment. 2. That the indictment having concluded in the usual form of indictments for perjury, ‘And so the jurors &c. do say, that the defendant did falsely &c.
“Assumpsit on a bill of exchange by the plaintiff, as indorsee, against the defendants, as indorsers. The bill was drawn by one James Franklin on E. F. Green, London, for £200 sterling, payable to one Patterson, or order, in ninety days after sight. The bill was indorsed by Patterson in blank, and by a course of negotiation became the property of the bank of Passamaquoddy, and was indorsed by the cashier thereof in behalf of the bank, and came to the possession of the plaintiff by a subsequent indorsement.
“Trespass for cutting down 4000 timber trees on lot No. 1, in the fifth division of lands drawn to the right of David Chandler, in the township formerly called New Suncook, now composing the towns of Lovell and Sweden, whereof the plaintiffs and defendants are tenants in common, against the statute of the 15th of March, 1821, ch. 35. Plea, the general issue of not guilty.