Murgatroyd v. McLure

Murgatroyd v. McLure. Illegal contract. Replevin cannot be maintained for a vessel, by registered owner, who has received the full value of it from another, for whom he is mere trustee, in fraud of the laws of the United States. Replevin, for the ship Mount Vernon. The defendant claimed property, under a capture and condemnation as prize, in the French Court of Prizes, established at the city of St. Domingo, in the island of St. Domingo, under the circumstances stated in the reports of the trials, relative to the same ship. Murgatroyd v. Crawford, 3 Dall. 491; Duncanson v. McLure, ante, p. 308. After hearing the evidence— [MAJORITY — Chase, Justice,] Chase, Justice, declared, that the whole transaction between Murgairoyd and Duncanson was a mere cover to evade the laws of the United States ; that the former was a mere trustee for the latter; and that having been paid the full price for the ship, he had no property, on which the replevin could be maintained. The plaintiff suffered a nonsuit.