Duguet v. Rhinelander
New York Supreme Court
This cause was brought before the court, by writ of error from the supreme court. For the facts in the cause, and the opinion of the court below, see 1 Johns. Cas. 360. *'
1Opinion of the Court
Van Vechten,
Senator. The questions for our consideration are:
1. Whether the plaintiff’s emigration and naturalization here, flagrante bello, entitled him to the national character, and protection of an American citizen, in relation to an enemy of France ? and
2. Whether the circumstances of his emigration and naturalization did not materially increase the risk of the insurers, and therefore, ought to have been disclosed to them ?
With respect to the first question, it appears to me to be the settled doctrine of the most approved writers on the law of nations, that emigration in time of war does…
2Cases cited1 opinion
- Arnold v. United InsuranceNew York Supreme Court · 1800
3Cited by3 opinions
- The Mary and Susan .—RichardsonSupreme Court of the United States · 1816
- Bulkley v. Protection Ins. Co.U.S. Circuit Court for the District of Connecticut · 1835
- Jackson v. New York InsuranceNew York Supreme Court · 1801