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URL: http://www.bailii.org/scot/cases/ScotCS/1731/Mor1104548-082.html
Cite as: [1731] Mor 4548

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[1731] Mor 4548      
Subject_1 FOREIGN.
Subject_2 DIVISION IX.

Foreign Decrees, and other Judicial acts.
Subject_3 SECT. II.

Exceptio rei Judicatę.

Hamilton
 v.
Dutch East India Company

Date: 24 July 1731
Case No. No 82.

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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.

 Fol. Dic. v. 1. p. 323.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1731/Mor1104548-082.html