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Host and was deprived of all the profit, benefit, and ad

1818.

vantage which might and would otherwise have arisen Gelston

and accrued to him therefrom, to wit, at the city, county and ward aforesaid, and other wrongs and injuries to the said plaintiff then and there did, against the peace of the people of the state of New-York, and to the great damage of the said plaintiff. And also, for that the said defendants, afterwards, to wit, on the same day and year last aforesaid, at the city, county, and ward aforesaid, with force and arms, seised, and took possession of divers goods and chattels of the said plaintiff, then and there found, and being in the whole of a large value, that is to say, a ship or vessel of the said plaintiff, called the American Eagle, together with her tackle, apparel, and furniture, five hundred tons of stone ballast, one hundred hogsheads of water, one hundred and thirty barrels of salted provisions, twenty hogsheads of ship-bread, of the value of two hundred thousand dollars, and staid and continued in possession of the said goods and chattels, so by them seized and taken as asoresaid, and the said goods and "chattels afterwards took and carried away, from and out of the possession of the said plaintiff: whereby, and by reason, and in consequence of such said seizure, and of other the premises aforesaid, the said plaintiff not only lost, and was deprived of his said goods and chattels, and of all profits, benefits, and advantages, that could have arisen and accrued to him for the use, sale, employment, and disposal thereof, but was also forced and obliged to, and did actually, lay out and expend large sums or money, and to be at further trouble and expense

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1818. Gelston, w. Hoyt.

1st. Plea.

2d. Plea.

in and about endeavouring to obtain restitution of the
property so by the said defendants seized, as aforesaid,
and other wrongs and injuries to the said plaintiff then
and there did, against the peace of the people of the
state of New-York, and to the damage of the said
plaintiff of two hundred thousand dollars; and, there-
fore, he brings suit, &c.
And the said David Gelston and Peter A. Schenck
thereto pleaded in the words following:
And the said David Gelston and Peter A. Schenck,
by Samuel B. Romaine, their attorney, come and de-
send the force and injury, when, &c., and say that they
are not guilty of the said supposed trespasses, above laid
to their charge, or any part thereof, in manner and form
as the said Goold Hoyt hath above thereof complained
against them, and of this they put themselves upon the
country.
And for a further plea in this behalf, as to the sev-
eral trespasses mentioned in the first, second, third,
fourth, and fifth counts in the declaration of the said
plaintiff mentioned, to wit, in taking and carrying away
the goods and chattels of the said plaintiff, mentioned
in the first count in the said declaration of the said
plaintiff; in taking and carrying away the goods and
chattels of the said plaintiff, to wit, a ship or vessel of
the said plaintiff, called the American Eagle, together
with her tackle, apparel, and furniture, five hundred
tons of stone ballast, one hundred hogsbeads of water,
one hundred and thirty barrels of salted provisions, and
twenty hogsheads of ship-bread, mentioned in the sec-
ond count in the said declaration of the said plaintiff;
in seizing, taking, carrying away, damaging, spoiling,

converting, and disposing to their own use, the goods and chattels of the said plaintiff, to wit, a ship or vessel of the said plaintiss, called the American Eagle, together with her tackle, apparel, and furniture, five hundred tons,as stone ballast, one hundred hogsheads of water, pne hundred and thirty barrels of salted provisions, and twenty hogsheads of ship-bread, mentioned in the third count in the said declaration of the said plaintiff; in-seizing, taking, carrying away, keeping and detaining, and converting and disposing to their own use, a certain ship or vessel of the said plaintiff, mentioned in the fourth count in the said declaration. of the said plaintiff, and in seizing and taking possession of, and in taking and carrying from and out of the possession of the said plaintiff, the goods and chattels of the said plaintiff, to wit, a ship, or vessel of the said, plaintiff, called the American Eagle, together with her tackle, apparel, and furniture, five hundred tons of stone ballast, one hundred hogsheads of water, one hundred and thirty barrels of salted provisions, and twenty hogsheads of ship-bread, men

tioned in the fifth count in the said declaration of the said plaintiff, above supposed to have been committed by the said David Gelston and Peter A. Schenck; they, the said David Gelston and Peter A. Schenck, by leave of the court here for this purpose first had and obtained, according to the form of the statute in such case made and provided, say, that the said Goold Hoyt ought not to have or maintain his aforesaid action against them, because they say that the said ship or vessel, called the American Eagle, with

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her tackle, apparel, and furniture, the five hundred tons of stone ballast, one hundred hogshead of water, one hundred and thirty barrels of salted provisions, and twenty hogsheads of ship-bread, mentioned in the second, third, and fifth counts in the said declaration of the said plaintiff, are the same and not other or different; and that the seizing, taking, carrying away, keeping, detaining, damaging, spoiling, converting and disposing thereof to their own use, mentioned in the second, third, and fifth counts in the said declaration of the said plaintiff, are the same and not other or different. And the said David Gelston and Peter A. Schenck further say, that the ship or vessel, mentioned in the fourth count in the said declaration of the said plaintiff, is the same ship or vessel, called the American Eagle, mentioned in the second, third, and fifth counts in the said declaration of the said plaintiff, and not other or different; and that the seizing, carrying away, keeping and detaining, and converting and disposing thereof, to their own use, mentioned in the fourth count in the said declaration of the said plaintiff, is the same seizing, taking, carrying away, keeping and detaining, and converting and disposing thereof, to their own use, mentioned in the second, third, and fifth counts in the said declaration of the said plaintiff, and not other or different. And the said David Gelston and, Peter A. Schenck further say, that the said ship or vessel, called the American Eagle, with her tackle, apparel, and furniture, and the five hundred tons of stone ballast, one hundred hogsheads of water, one hundred and thirty barrels of salted provisions, and twenty hogsheads of ship-bread, mentioned in the second, third, and fifth sounts in the said declaration of the said plaintiff, are included in and are the only goods and chattels embraced by the general description of goods and chattels inentioned in the first count in the said declaration of the said plaintiff, and that the taking, and carrying away thereof, mentioned in the said first count in the said declaration of the said plaintiff, is the same taking and carrying away thereof mention in the said second, third, and fifth counts in the said declaration of the said plaintiff, and not other or different; and that the several trespasses mentioned in the first, second, third, fourth, and fifth counts in the said declaration of the said plaintiff, are the same trespasses, and not other or different. And the said David Gelston and Peter A. Schenck further say, that before the tenth day of July, in the year of our Lord one thousand eight hundred and ten, to wit, on the first day of July, in the year last aforesaid, at the port of New-York, in the district of New-York, to wit, at the city of NewYork, in the county of New-York, and it the first ward of the said city, the said ship or vessel, called the American Eagle, with her tackle, apparel, and furniture, was attempted to be fitted out and armed, and that the said five hundred tons of stone ballast, one hundred hogsheads of water, one hundred and thirty barrels of salted provisions, and twenty hogs. heads of ship-bread. were then and there procured for equipment of the said vessel, and were then an” there on board of the said vessel, as a part of her said equipment, with intent that the said ship or vesVol. III. 34

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