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MAURAN v. INSURANCE COMPANY

73 U.S. 1 (____)

6 Wall. 1

MAURAN v. INSURANCE COMPANY.

Supreme Court of United States.

Attorney(s) appearing for the Case

Mr. Cushing (who submitted with his own, a learned brief of Messrs. R.H. Dana, Jr., and Horace Gray, Jr., in the case of another vessel before the Supreme Court of Maine), for the plaintiff in error:

Messrs. B.R. Curtis and Storrow, contra:

Mr. Justice NELSON delivered the opinion of the court.

The question in the case is, whether this taking of the vessel by the naval forces of the so-called Confederate States was a capture within the warranty of the assured in the margin of the policy? If it was, then the loss is not one of the perils insured against, as the assured, in express terms, had assumed it upon himself.

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