Stark v. the Chesapeake Insurance Company

• Decision Date: 08 March 1813
• Citation: 3 L.Ed. 391,7 Cranch 420,11 U.S. 420
• Parties: STARK v. THE CHESAPEAKE INSURANCE COMPANY
• Court: U.S. Supreme Court

11 U.S. 420

7 Cranch 420

3 L.Ed. 391

STARK v. THE CHESAPEAKE INSURANCE COMPANY.

March 8, 1813

Absent. WASHINGTON, J. TODD, J. & DUVALL, J.

ERROR to the Circuit Court for the district of Maryland, in an action of covenant upon a policy of assurance, in which the goods insured were warranted to be American property, 'proof of which to be required in 'the United States only.' A loss by capture having taken place, the Plaintiff offered an abandonment which was refused, wherefore he brought this action:

To prove his citizenship and support the warranty, he produced and read at the trial an exemplification duly authenticated, of the record of his naturalization, in the words following, viz:

At a Court of common pleas held at York, for the county of York, on the third Monday of May, in the year of our Lord one thousand eight hundred and four, before John Joseph Henry, esquire, president and his associate judges, &c. assigned, &c.

The petition of John Philip Stark, late of Wetgenstein Berleburg, in the empire of Germany, was read to the Court, setting forth that your petitioner has resided in the state of Pennsylvania five years, that he is now desirous of becoming a citizen of the United States conformably to the act of congress in such case lately provided; your petitioner therefore prays of the honorable Court that he may be admitted to citizenship upon his complying with the requisites of the act aforesaid, and your petitioner will pray, &c.

JOHN PHILIP STARK.

Jacob Hostler appearing in Court, and being duly sworn, says that the petitioner above named has resided within the state of Pennsylvania five years and upwards; and during that time he has behaved as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same.

JACOB HOSTLER.

Sworn and subscribed in open Court the 21st of May, 1804.

CHARLES W. HARTLEY.

John Philip Stark, the above petitioner appearing in open Court and being duly sworn, doth declare that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and particularly to Christein the prince of Wetgenstein Berleburg, in the empire of Germany.

JOHN PHILIP STARK.

Sworn and subscribed in open Court the 21st of May, 1804.

CHARLES W. HARTLEY.

Whereupon the Court admitted the said John Philip Stark to become a citizen of the said United States, agreeably to the prayer of his said petition, and ordered all the proceedings aforesaid to be recorded by the clerk of the said Court.'

The Plaintiff also proved by parol evidence that he being a free white person, did reside within the limits and under the jurisdiction of the United States, to wit: in the state of Pennsylvania, at some time between the 18th day of June, 1798, and the 14th day of April, 1802 viz: on the 1st day of October, 1798, and there continued to reside from that time until the 21st of May, 1804.

Whereupon, the Court, at the prayer of the Defendants, by their counsel, directed the jury that the Plaintiff had failed in proving the property insured under the policy, to be American property according to the warranty, and therefore was not entitled to recover.

To which instruction the Plaintiff took a bill of exceptions.

The act of congress of the 14th...