THE FRIENDSCHAFT.-MOREIRA, CLAIMANT
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A merchant ship carrying cargo consigned to a neutral Portuguese domiciliary was seized as a prize during wartime because the shipment originated from a London trading house in which the consignee was a partner. The Supreme Court affirmed that property belonging to a trading house established in an enemy country is subject to condemnation as prize regardless of a partner's neutral domicil, applying the settled admiralty rule that such commercial ventures are deemed hostile trade.
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Mr. Justice Story delivered the opiniori of the Court. The shipment in this case was made by Moreira, Viera, & . Machado, a house of trade established in London, on the account of the hotise, to Moreira, one of the partners in the house, who was a native of, and domiciled in, Lisbon, in the kingdom of Portugal; and the only question is, whether the share.of Moreira in the shipment is exempted from condemnation by reason of his neutral domiqil., It has been long since decided in the Courts of Admiralty, that the property of a house of trade established in the enemy’s country, is condemnable, as prize, whatever may be the domicil of the partners. The trade of such a house is deemed essentially a hostile trade, and the property engaged in it is, therefore, treated as enemy’s property, notwithstanding the neutral domicil of any of the company. The rule then, being inflexibly settled, we do pot now feeLat liberty to depart from it, whatever doubt might have been entertained, if the case were entirely new.
Decree affirmed with cdst'sr
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