CIRCUIT COURT OF THE UNITED STATES. Fall Circuít. NEW HAMPSHIRE, OCTOBER TERM 1827, at EXETER. BEFORE (Hon. JOSEPH STORY, Associate Judge of the Supreme Court. RICHARD SHERWOOD vs. RICHARD SUTTON. Case for a deceit in selling a vessel as a British vessel, she being in fact not British, or entitled to a British national character. It was held, that the plaintiff was entitled to damages to the extent of the difference of value of the vessel as sold, and her value, if her real character had been known, and also to damages to the amount of such repairs made on her, on the faith of the representation of her British character, as had not been remunerated by her earnings or in any other way. CASE for fraud and deceit in the sale of a vessel. There were five counts in the declaration. The fifth, which was mainly relied on at the trial, was in substance as follows:-That the defendant, on the 13th of October 1816, at St. Barts in the West Indies, having procured a certain foreign vessel or brig, not British built, &c. nor having a British register, &c. and having fraudulently procured a certain colourable paper purporting to be a British register of said brig, therein called the Anna, and in said register representing and setting forth one William Hillyer as a British subject to be the sole owner of said brig, and having fraudulently obtained and caused to be executed a certain paper purporting to be a power or instrument of attorney from the said |