Seton, Maitland & Co. v. Low
New York Supreme Court
This was an action on an open policy of insurance, dated the 3d of May, 1797, upon “ all kinds of lawful goods and merchandizes,” on board the brig Hannah, from New York to the Havana. The sum of 16,000 dollars was subscribed by the defendant, as President of the United Insurance Company, at a premium of eight per cent.
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This was an action on an open policy of insurance, dated the 3d of May, 1797, upon “ all kinds of lawful goods and merchandizes,” on board the brig Hannah, from New York to the Havana. The sum of 16,000 dollars was subscribed by the defendant, as President of the United Insurance Company, at a premium of eight per cent. The insurance was averred to have been made for the benefit of Manuel Galbore De • Silva, and the loss stated to have been by capture, by his Britannic Majesty’s sloop of war the Swallow. - ' The action was tried before Mr. Justice Hobart, at the circuit, held in the . city of…
1Opinion of the CourtKent, J.
Two questions were raised, on the argument in this case.
1. Whether the contraband goods were lawful, within the meaning of the policy.. ' 2. If lawful, whether the assured were bound to disclose to the. defendant the fact, that ■ part of the cargo was contraband of war.
On the first point, I am of opinion, that the contraband goods were lawful goods, and that whatever is not prohibited to be exported, by the positive law of the country, is lawful. It may be said, that the law of nations is part of the municipal law of the land, and that by that law, (and which, so far as it concerns the…
2Cases cited7 opinions
- The Santissima Trinidad.Supreme Court of the United States · 1822
- Stetson v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1808
- Livingston & Gilchrist v. Maryland InsuranceSupreme Court of the United States · 1810
- Oliver v. GreeneMassachusetts Supreme Judicial Court · 1807
- Richardson v. Maine Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809
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- American Insurance v. DunhamNew York Supreme Court · 1834
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