Duguet v. Rhinelander

Court for the Trial of Impeachments and Correction of Errors

Decided July 1, 1799

Court for the Trial of Impeachments and Correction of Errors · decided 1799-07-01

The Supreme Court held in this case, where the plaintiff, a subject of a belligerent power had emigrated to the United States, flagrante bello, and had become a naturalized citizen of this country, that a warranty of neutral ownership of the property, was not sustained by such letters of naturalization; at all events it was the duty of the assured under such circumstances to disclose to the underwriter the period of his emigration ; his being, at that time, a subject of a…

Decided 1799-07-01

¶1The Court of Errors reversed this decision, and held that the emigration of a belligerent. flagrante hello, to a neutral country, did not render him incapable of being naturalized, so as to become a citizen of a neutral power; and that his nat* uralizniion vested him wiih the character of a neutral, to all intents, and that therefore the warrant of neutral property was fully supported by such a citizenship.

¶2It was also held that the insured was not bound to disclose the period of his emigration to the underwriter.