Hooper, and damages were
assessed at three thousand and nine pounds two shillings and ten pence,
which sum is 'for the vessel called the brigantine Thomas, her cargo,
and every article found on board.' After this verdict, and before
entering the judgment, Mr. Pagan moved for a new trial, suggesting that
the verdict was against law; because the merits of the case originated
in a question, whether a certain brigantine called the Thomas, with
her cargo, taken on the high seas by a private ship of war called the
Industry, was prize or no prize, and that the court had no authority
to give judgment in a cause, where the point of a resulting or implied
promise arose upon a question of this sort. The Supreme Judicial Court
refused this motion for a new trial, because it appeared to the court,
that, in order to a legal decision, it is not necessary to inquire
whether this prize and her cargo were prize or no prize, and because
the case did not, in their opinion, involve a question relative to any
matter or thing necessarily consequent upon the capture thereof: it was
therefore considered by the court, that Hooper should receive of Pagan
three thousand and nine pounds two shillings and ten pence, lawful
money, damages; and taxed costs, sixteen pounds two shillings and
ten pence.
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