Duguet v. Rhinelander
New York Supreme Court
This was an action on a policy of insurance on goods) on hoard the schooner Daphne, from Philadelphia to Havana. - , ' The facts were these: On the 26th of January, 1799, “ Mr. William Thomas, for account of Philip U. Duguet, a citizen of the United States,” opened the policy in question. The vessel and property were warranted. American, and the defendants subscribed the sum of 2500 dollars.
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This was an action on a policy of insurance on goods) on hoard the schooner Daphne, from Philadelphia to Havana. - , ' The facts were these: On the 26th of January, 1799, “ Mr. William Thomas, for account of Philip U. Duguet, a citizen of the United States,” opened the policy in question. The vessel and property were warranted. American, and the defendants subscribed the sum of 2500 dollars. The schooner was captured o.n the voyage insured; and, together with her cargo, were libelled at New Providence. The vessel'' was acquitted. The sentence,. pronounced on the 23d of September, 1799, by the…
1Opinion of the CourtRadcliff, J.
Placing out of view the question as to the conclusiveness of foreign sentences, I am of opinion, that the warranty of American property ought to be construed in reference to the belligerent parties. It was intended that the property should be neutral in regard to them. The reasoning of the court of admiralty appears to me to be well founded, that the plaintiff, being a Frenchman, could not, either in regard to his own country or its enemies, expatriate himself, flagrante hello, so as to destroy the relation in Which he stood, at the commencement of the war. This .principle appears to have…
2Cited by2 opinions
- Coulon v. BowneNew York Supreme Court · 1803
- Jackson v. New York InsuranceNew York Supreme Court · 1801