
    The Frances, Boyer, Master : Kennedy’s claim.
    
      Prize. — Question of fact.
    
    This was likewise a case of goods by the Frances, condemned in the Circuit Court of Rhode Island. They wore claimed by Duncan Kennedy, an American citizen, who appealed to this court. The case was submitted to the court, without argument.
    Saturday, March 12th, 1814.
    (Absent Livingston, J.),
   Marshall, Ch. J.,

delivered the opinion of the court, as follows : — Duncan Kennedy, surviving partner of the house of George Stayley & Co., merchants, of New York, jcokqt claims eight boxes of merchandise, part of the cargo of the ship J Frances, as his property. *The invoice is headed—

“ Glasgow, 8th July, 1812.
“ Messrs. George Stayley & Co.
Receive from James Smith.”

A letter from James Smith to George Stayley & Co., in speaking of the goods, terms them “ our goods,” and does not, in any manner, indicate that they are the goods of Stayley & Co. He concludes his letter with saying, “As it is to be hoped the trade will now open, I shall expect your instructions, saying what goods are best suited for the market.” The bill of lading is filled up with the name of George Stayley & Co., “ on account and risk as per invoice.”

There are several letters from George Stayley, in Glasgow, to his father ; but none of them indicate an opinion, that the property of the goods was in George Stayley & Co. The sentence, condemning these goods, must be affirmed.

Sentence affirmed.  