Johnston v. Ludlow
New York Supreme Court
This cause was brought before this court, by writ of error from the supreme court. The plaintiffs in error, who were natives of Great Britain, residing and engaged in trade in New York, but not citizens of the United States, chartered the schooner Aurora, of Peter Laing. for a voyage from New York to La Vera Cruz. A policy of insurance was effected on the cargo from New York to La Vera Cruz, with liberty to touch at the Havanna.
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This cause was brought before this court, by writ of error from the supreme court. The plaintiffs in error, who were natives of Great Britain, residing and engaged in trade in New York, but not citizens of the United States, chartered the schooner Aurora, of Peter Laing. for a voyage from New York to La Vera Cruz. A policy of insurance was effected on the cargo from New York to La Vera Cruz, with liberty to touch at the Havanna. The assured knew at the time, that the plaintiffs in error were not American citizens. The defendant in error also knew, that the tin was on board, and consented to…
1Opinion of the Court
Gold,
Senator. On the first point, the domicil of the plaintiffs being established here, without any fraudulent motive, but' for fair purposes of commerce, this court ought not to sanction the right of Great Britain to seize and confiscate their effects, as has been done in this instance. The case of Maryatt v. Wilson, cited from 1 Bos. & Pull. Rep. p. 430, which arose under the article in our late treaty with England, regulating our East India trade, is not inapposite. In that case, the English court conceded to a native subject domiciled in America, the right of an American citizen, in…
2Cited by4 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Carrington and Others v. THE MERCHANTS'INSURANCE CO.Supreme Court of the United States · 1834
- The Mary and Susan .—RichardsonSupreme Court of the United States · 1816
- Dole v. New England Mutual Marine InsuranceMassachusetts Supreme Judicial Court · 1863