p. 480*Nicholas Goix, Plaintiff in Error, against Nicholas Low, Defendant in Error.
Headnote
In an action on a policy of insurance, the words condemned as lawful prize in the sentence of a court of admiralty' affords no necessary inference that the vessel was enemy’s property; and such sentences are not conclusive evidence of the fact.This cause came before the court, by writ of error from the supreme court. The facts contained in the special verdict were the same as those stated in the report of this case, and that of Goix v. Knox, 1 Johns. Cas. p. 337 — 341.
After argument, the court reversed the judgment of the court below, on the ground, that being condemned as lawful prize, afforded no judicial inference of the vessel’s being enemy’s property,([1] ) as there may be other just causes of condemnation ; and the sentence of the court of admiralty not being conclusive.([2] ) there were no circumstances in the case, authorizing a condemnation, nor showing a breach of warranty.
Judgment of reversal.([3] )