William Johnson

“ It would be as reasonable to contend, that, if Spain had ceased to be a belligerent, or John Paul Dumeste, instead of being the nominal, had become the real owner of the cargo, the contract of insurance would have been avoided. We consider a representation of property, being covered as American, as substantially complied with, if the property be actually American: And as the presence and agency of John Paul Dumeste, had the cloaking of the property as their sole object, that his presence was dispensed with when the cargo became actually American. ”

“ There is no imputation of unfairness; the nature of the voyage was distinctly understood between the parties; and the only question which goes to the negation of the right of recovery of freight altogether, is raised upon the supposed termination of the voyage insured against at Matanzas, and the actual receipt there of the whole freight insured. And as against the sum insured on the vessel, the defendants insist, that the act of taking in a cargo at the Havanna, which was not permitted by the contract of insurance, avoided the contract. ”

“ By the charter party, John Paul Dumeste appears as the owner and affreighter of the goods, and the voyage stipulated for is precisely that insured against, to wit, from Teneriffe to Havanna, (under the disguise of New-Orleans,) with liberty to put into Matanzas, and from Havanna to New-York. ”