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    The Benito Estenger, Supreme Court of The United States 1900 176 U.S 568 Facts

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    sakur jumlail
    The Benito Estenger was captured by the U.S.S. Hornet off the coast of Cuba in June 1898 and brought to Key West. A claim was filed by the alleged British owner that the vessel was wrongfully seized. The district court condemned the vessel as a lawful prize of war. On appeal, the issues were whether a British flagged vessel could be subjected to the laws of a state it was traversing on the high seas, and whether the transfer of ownership during wartime was valid. The Supreme Court held that transfers of vessels during an active war are valid if there is no condition or understanding that allows the original owner to maintain control or interest in the vessel, but such transfers require strong proof of validity through

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    The Benito Estenger, Supreme Court of The United States 1900 176 U.S 568 Facts

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    sakur jumlail
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    The Benito Estenger was captured by the U.S.S. Hornet off the coast of Cuba in June 1898 and brought to Key West. A claim was filed by the alleged British owner that the vessel was wrongfully seized. The district court condemned the vessel as a lawful prize of war. On appeal, the issues were whether a British flagged vessel could be subjected to the laws of a state it was traversing on the high seas, and whether the transfer of ownership during wartime was valid. The Supreme Court held that transfers of vessels during an active war are valid if there is no condition or understanding that allows the original owner to maintain control or interest in the vessel, but such transfers require strong proof of validity through

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    BENITO ESTENGER

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    The Benito Estenger

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    The Benito Estenger was captured by the U.S.S. Hornet off the coast of Cuba in June 1898 and brought to Key West. A claim was filed by the alleged British owner that the vessel was wrongfully seized. The district court condemned the vessel as a lawful prize of war. On appeal, the issues were whether a British flagged vessel could be subjected to the laws of a state it was traversing on the high seas, and whether the transfer of ownership during wartime was valid. The Supreme Court held that transfers of vessels during an active war are valid if there is no condition or understanding that allows the original owner to maintain control or interest in the vessel, but such transfers require strong proof of validity through

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    © All Rights Reserved
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    20 views1 page

    The Benito Estenger, Supreme Court of The United States 1900 176 U.S 568 Facts

    Uploaded by

    sakur jumlail
    The Benito Estenger was captured by the U.S.S. Hornet off the coast of Cuba in June 1898 and brought to Key West. A claim was filed by the alleged British owner that the vessel was wrongfully seized. The district court condemned the vessel as a lawful prize of war. On appeal, the issues were whether a British flagged vessel could be subjected to the laws of a state it was traversing on the high seas, and whether the transfer of ownership during wartime was valid. The Supreme Court held that transfers of vessels during an active war are valid if there is no condition or understanding that allows the original owner to maintain control or interest in the vessel, but such transfers require strong proof of validity through

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    © All Rights Reserved
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    THE BENITO ESTENGER,SUPREME COURT OF THE UNITED STATES

    1900 176 U.S 568

    FACTS:
    The Benito Estenger was captured by the U. S. S. Hornet on June 27, 1898, off
    Cape Cruz on the south side of the island of Cuba, and was brought into the port of Key
    West and duly libelled on July 2. The depositions in preparatorio of Badamero Perez,
    Edwin Cole, and Enrique de Messa were taken, and thereafter and on July 27 a claim
    was interposed by Perez as master of the steamer on behalf of Arthur Elliott Beattie, a
    British subject, as owner, supported by test affidavits of himself and de Messa. The
    cause was preliminarily heard on the libel, the depositions in preparatorio and the test
    affidavits, and sixty days given for further proofs. Accordingly the depositions of the
    claimant and sundry others were taken on behalf of the claimant, and the testimony of
    the consul of the United States at Kingston on behalf of the captor. The cause coming
    on for final hearing, the court entered a decree December 7, 1898, condemning the
    vessel as lawful prize as enemy property, and ordering her to be sold in accordance
    with law. Claimant thereupon appealed, and assigned errors to the effect in substance
    that the court erred in failing to hold that the Benito Estenger was a British merchant
    ship, duly documented and entitled to the protection of the British flag, and lawfully
    owned and registered by a subject domiciled in Great Britain; and also in holding that
    the Benito Estenger was lawful prize of war, inasmuch as she was engaged on a
    voyage in [176 U.S. 568, 570] behalf of the local Cuban junta in Kingston, allies of the
    United States, and when captured was in the service of the United States, and
    employed in friendly offices to the forces of the United States.

    ISSUES:
    Whether British vessels within International High Sea be subjected to the laws
    of the state it traverses.

    HELD:
    Transfers of vessels flagrante were originally held invalid, but the rule has been
    modified, and is thus given by Mr. Hall, who, after stating that France ‘’ their sale is
    forbidden, and they are declared to be prize in all cases in which they have been
    transferred to neutrals after the buyers could have knowledge of the outbreak of the
    war; :‘’ In England and the United States , on the contrary , the right to purchase vessels
    is in principle admitted, they being in themselves legitimate objects of trade as fully as
    any other kind of merchandise, but the opportunities of fraud being great, the
    circumstances attending a sale are severely scrutinized, and the transfer is not held to
    be good if it is subjected to any condition or even tacit understanding by which the
    vendor keeps an interest in the vessel or its profits , control over it, a power of
    revocation, or right to its restoration at the conclusion of the war. In respect to the
    transfers of the enemies’ ship during the war, it is certain that purchases of them by
    neutrals are not., in general ,illegal; but such purchases are liable to great suspension;
    and if good proof be not given of their validity by a bill of sale and payment of
    reasonable consideration, it will materially impair the validity of neutral claim.

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