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Church v. Hubbart

6 U.S. 187, 2 L. Ed. 249 (1804)

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Church v. Hubbart

United States Supreme Court
6 U.S. 187, 2 L. Ed. 249 (1804)

Facts

Church (plaintiff) owned the American cargo vessel Aurora. Church entered into an insuring agreement with Hubbart (defendant) for the protection of the cargo aboard. The agreement specifically included a clause stating that the “insurers are not liable for seizure by the Portuguese for illicit trade.” The Aurora subsequently set sail for Brazil. The Portuguese seized the ship four leagues off Brazil’s coast, outside Portugal’s territorial jurisdiction. Church sought payment for the cargo lost in the seizure, and Hubbart denied the claim, citing the clause. Church filed suit against Hubbart, claiming that the act by the Portuguese was not a seizure for illicit trade. The lower courts found for Hubbart. Church appealed.

Rule of Law

Issue

Holding and Reasoning (Marshall, C.J.)

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