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Scottish Court of Session Decisions >>
Hamilton v Dutch East India Company. [1731] Mor 4548 (24 July 1731)
URL: http://www.bailii.org/scot/cases/ScotCS/1731/Mor1104548-082.html Cite as:
[1731] Mor 4548
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Captain Hamilton having arrested the effects of the Dutch East India Company jurisdictionis fundande gratia, brought an action against the Company for damages alleged sustained by him, through the violent seizure and confiscation of a ship and cargo belonging to him in the East Indies. The defence was, that the ship and cargo in question were, in due course of law, condemned, and confiscated in the council of justice of Malacca, which, upon Captain Hamilton's appeal, was confirmed by the council of justice at Batavia; and, therefore, they are safe exceptione rei judicata. Which exception the Lords sustained. See Appendix.
