TARLETON V. M'GAWLEY
170 Eng. Rep. 153 (1793)
NATURE OF THE CASE: This was a special action on the case.
FACTS: Ps were owners of a ship called the Tarleton. P fitted out the ship with hopes of
trading with the natives on the Cameroon coast. The captain of the Tarleton sent a smaller
vessel called the Bannister loaded with goods to another part of the coast to trade with
natives. Natives began to visit the Bannister when D's ship the Othello shot on them with
cannon killing one of them. P alleged that D did this so that the natives would not trade
with P. P called the commander of the Bannister to testify at trial and the facts as stated
were so proved. On cross examination, it was admitted that by custom, no Europeans can trade
until a duty was paid to the king of that country and that P had in fact not paid that duty.
D contended that P was engaged in illicit trade and that the law should not support his
cause of action.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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