Parker v. Jones

Insurance against condemnation for a breach of the trade laws of a foreign conntry, is a lawful contract; but-this risk is not within the general words of a policy, unless the voyage be to a place where no legal trade can be carried on; in which case such a risk will be presumed to have been within the intentions of the parties to the policy.

This was assumpsit upon a policy of insurance, dated December 25th, 1809, in which William Swan, as well in his own name, as for and in the name or names of any other person or persons whom it m.ight concern, was insured the sum of $ 5000 on the Spanish schooner Nostra Señora Del Rosario, and $ 5000 on her cargo, from Perth Amboy, in New Jersey, to Curagoa, at a premium of six per cent. The defendant subscribed $ 1000. * The cause was tried on the general issue at the last November term, before Parker, C. J. The plaintiffs resided in New Jersey, and were interested in the cargo to the amount insured ; and the only question was, whether the loss happened from any of the perils mentioned in the policy, which, in this respect, was in the common printed form. It appeared that the vessel arrived safely at Curagoa, and was immediately seized by the officers of the customs there, for an alleged violation of their laws. The vessel and cargo were libelled in the Court of Vice-Admiralty at Curagoa, and condemned as forfeited. The causes of condemnation, as set forth in the sentence, were, that the vessel was not navigated according to the provisions of the British statute of 45 Geo. 3, by which the trade to Curagoa was opened to foreign vessels; and that she had on board articles of merchandise, which, according to that statute, could not be imported in any foreign vessel. The particular provisions of that statute were not stated in the sentence, nor were they proved by either party on the trial. The cargo insured is mentioned in the policy to be flour, valued at $ 10 per barrel; and it did not appear whether there was any other cargo on board. The British government, by an Order in Council, made on the 11th of April, 1808, had instructed all their ships of war, not to seize or molest any vessels, laden with lumber or provisions, and bound to any of their colonies in the West Indies ; but to suffer such vessels to pass, without regard to any irregularity in their papers. On the 27th of March, 1810, the said Swan, in behalf of the plaintiffs, wrote a letter to the defendant, informing him that the vessel had been seized at Curagoa, as above mentioned. The defendant, '.n his answer, dated April 2d, observed, among other things, that it was strange that the officers at Curagoa should proceed in that man ner, after the promulgation of the above-mentioned order of the British government ; and expressed his belief, that the property * would be restored, on appeal to the High Court of Admiralty in England. It did not appear how the vessel was navigated, nor what was the national character or description of her crew. Upon this evidence the judge, who sat in the trial, was of opinion, that the loss was not occasioned by ány of the perils insured against, and directed a verdict for the defendant. A verdict being accord • ingly so returned, the plaintiff moved, for a new trial on account of the said direction.