by the outbreak of war because the payment of the premium is now prohibited. After the conclusion of peace, however, the insured may claim the equitable value of the policy arising, at the time of the outbreak of war, from the premiums actually paid.
[209] See besides the English and American text-books quoted above at the commencement of § [97], Pennant, Chadwick, and Gregory in The Law Quarterly Review, XVIII. (1902), pp. 289-296, XX. (1904), pp. 167-185, XXV. (1909), pp. 297-316; Bentwich, The Law of Private Property in War (1907), pp. 46-61; Phillipson, The Effect of War on Contracts (1909); Latifi, Effects of War on Property (1909), pp. 50-58.
[210] Whereas the Admiralty Court did at all times, the Common Law Courts did not during the eighteenth century hold trading with enemy subjects to be illegal, at any rate not in so far as insurance of enemy vessels and goods against capture on the part of English cruisers was concerned; see Henkle v. London Exchange Assurance Co. (1749), 1 Vesey Sen. 320; Planche v. Fletcher (1779), 1 Dougl. 251; Lavabre v. Wilson (1779), 1 Dougl. 284; Gist v. Mason (1786), 1 T.R. 84.
[211] Besides the Admiralty case of the Hoop (1799), 1 C. Rob. 196, the following are the leading cases:—Potts v. Bell (1800), 8 D. & E. 548; Furtado v. Rodgers (1802), 3 P. & B. 191; Esposito v. Bowden (1857), 7 E. & B. 763; the Mashona (1900), 10 Cape Times Law Reports, 170.
[212] Willison v. Paterson (1817), 7 Taunt, 439.
[213] Antoine v. Morshead (1815), 6 Taunt, 237.
[214] The Madonna delle Gracie (1802), 4 C. Rob. 195.
[215] Maria v. Hall (1800), 2 B. & P. 236.
[216] The Jonge Pieter (1801), 4 C. Rob. 79. But if the goods have been bought by the subject of a neutral State bona fide by himself and are afterwards shipped through neutral country to the enemy, it is not a case of trading with the enemy; see the Samuel (1802), 4 C. Rob. 284, note.
[217] Melville v. De Wold (1855), 4 E. & B. 844; Esposito v. Bowden (1857), 7 E. & B. 763; Ex parte Boussmaker (1806), 13 Ves. Jun. 71; Alcinous v. Nygreu (1854), 4 E. & B. 217; the Charlotta (1814), 1 Dodson, 390.