Bingham v. Cabot (1795)
Encyclopedia
Bingham v. Cabot 3 U.S. 19 (Dall.) (1795) (also known as "Bingham v. Cabbot") is an early United States Supreme Court case involving the Cabot family
, a wealthy Yankee
shipping family from New England. In the case the court held in a mixed seriatim
opinion:
Cabot family
The Cabot family was part of the Boston Brahmin, also known as the "first families of Boston."-Family origin:The Boston Brahmin Cabot family descended from John Cabot , who immigrated from his birthplace to Salem, Massachusetts in 1700...
, a wealthy Yankee
Yankee
The term Yankee has several interrelated and often pejorative meanings, usually referring to people originating in the northeastern United States, or still more narrowly New England, where application of the term is largely restricted to descendants of the English settlers of the region.The...
shipping family from New England. In the case the court held in a mixed seriatim
Seriatim
Seriatim is a legal term typically used to indicate that a court is addressing multiple issues in a certain order, such as the order that the issues were originally presented to the court....
opinion:
On the return of the record (to which were annexed several depositions and papers produced in the court below, as well as the papers referred to in the bill of exceptions) the following errors were assigned, the defendant in error pleaded in nullo est erratum, and issue was thereupon joined:
- That judgment had been given for the plaintiff, instead of the defendant below, on the 3rd Count.
- That the circuit court, proceeding as a court of common law, in an action on the case, for money had and received, etc., had no jurisdiction of the cause; the question, as it appears on the record, being a question of prize, or no prize, or wholly dependent thereon, and, as such, it was, exclusively of admiralty jurisdiction.
- That the evidence referred to in the bill of exceptions ought not to have been rejected on the trial of the cause.
The judges, after some advisement, delivered their opinions seriatimSeriatimSeriatim is a legal term typically used to indicate that a court is addressing multiple issues in a certain order, such as the order that the issues were originally presented to the court....
.