Court : US Supreme Court
Decided on : Jan-01-1813
..... . livingston to make an adventure to lima on the conditions and stipulations following, to-wit: " "1. in consideration, &c.;, he agrees to the following partnership with the said b. l. in virtue of which he transfers to the said firm, all his powers, &c.;, (under the license) of sending an ..... nations, would enhance the danger of capture or condemnation might, if such acts or omissions were unreasonable, unnecessary, or wanton, form a sound objection to the right of recovery. the insured can have no right to jeopardize ..... plaintiffs. the last (the 28th) exception cannot be sustained. the proposition is conceived in too general terms, and might mislead the jury. any acts or omissions of the insured or his agents which, according to the known edicts or decisions of the belligerents, though not according to the law of ..... states. but capture will always be made on suspicion of what the belligerent construes to be cause of forfeiture, and capture authorizes abandonment. such acts or omissions, therefore, of the plaintiffs as would induce a capture and detention according to the common practice of the belligerents are proper for the ..... such papers as, conformably to the regular usage of trade, were to be taken on board a vessel would not vitiate the policy. "the acts, done by the insured to avoid seizure and confiscation under the laws and regulations of the spanish government," which are mentioned in the application made .....Tag this Judgment!