Any parties who are competent to make any contract, may make the contract of insurance. The principal exception in practice, to the general rule, is this: an insurance for the benefit of an alien enemy is void. (u) But a trade or a transaction, which would otherwise be made unlawful by war, may be made legal by a special license to a party, (v) and we know not why the subjects of such a trade might not be legally insured. Aliens who are not enemies may make contracts of insurance as fully, to all intents and purposes, as citizens or subjects of the country in

Robertson v. Columbian Ins. Co. 8 Johns. 491. "The arrival of the vessel." Kellner v. Le Mesurier, 4 East, 896. See also Dalgleish v. Brooke, 16 East, 296. "If sold or laid up, for every uncommenced month." Hunter v. Wright, 10 B. & C. 714. "In case no act of war takes place " between two countries. Poutz v. La. Ins. Co. 16 Mart. La. 80.

(p) Oom v. Brace, 12 East, 225; Henry v. Staniforth, 4 Camp. 270; Hentig v. Staniforth, 5 M. & S.122.

(q) Lowry v. Bourdieu. 2 Doug. 468; Andree v. Fletcher, 3 T R 266; Vandyck v. Howitt, 1 East, 96; Juhel v. Church, 2 Johns. Cas. 333; Russell v. De Grand, 15 Mass. 85.

(r) Carter v. Boehm, 3 Burr. 1909; Duffell v. Wilson, 1 Camp. 401.

(s) Tyler v. Horne, Park, Ins. 285; Schwartz v. U. S. Ins. Co. 8 Wash. C. C. 170; Langhorn v. Cologan, 4 Taunt. 829.

(t) Anderson v. Thornton, 8 Exch. 425, 20 Eng. L. & Eq. 339; Feise v. Par kinson, 4 Taunt. 640.

(u) Brandon v. Nesbitt, 6 T. R. 23; Furtado v. Rodgers, 3 B. & P. 191; Brandon v. Curling, 4 East, 410. If the insured becomes an alien enemy after the happening of a loss, the remedy is merely suspended, during the existence of the war, and his right may be enforced upon the return of peace. Flindt v. Waters, 16 East, 260.

(v) The Cosmopolite, 4 Rob. Adm. 11; The Juno, 2 Rob. Adm. 116; The Goede Hoop, Edw. Adm. 828.

which the policy is made. And an alien enemy in a country at war with his own, may have rights and privileges which the courts of that country may enforce. (w) The government of every country has the power exclusively of making war, of determining with whom it is at war, and what states or powers are neutral; and the courts of that country are bound by that determination. (x) The parties insured are of course always named in a policy, and some one must be named as the insured; but the interest *in the policy often extends beyond the parties named, and various phraseology is used to produce this effect. If A is insured "for whom it may concern," it is much the same thing as if he be insured as agent, (y) and if he be insured as agent, it is as if he were insured for whom it may concern; and in either case the insurance applies to any one who was an owner of the property insured, and was within the intention of the party effecting the insurance. (z) Such an insurance may be made by a mutual, as well as a stock company. (a) If the phrase be "on account of those whom it may concern at the time of loss," it covers one who owns the property at that time, whatever may have been the intermediate ownership or transfers. (b) An insurance of a person named "for---------" is an insurance for all persons interested in the property whose names the insured intended to insert in this blank. (c)

(w) Society, etc. v. Wheeler, 2 Gallis. 135; Wells v. Williams, 1 Salk. 46.

(x) Blackburne v. Thompson, 15 East, 81; Hagedorn v. Bell, 1 M. & S. 450.

(y) De Forest v. Fulton Ins. Co. 1 Hall, 84; Waters v. Monarch Ins. Co. 5 Ellis &B. 870; Sunderland Ins. Co. v. Kearney, 16 Q. B. 925; Duncan v. Sun Ins. Co. 12 La. An. 486.

(z) Routh v. Thompson, 11 East, 428; Bauduy v. Union Ins. Co. 2 Wash. C. C.

391; Haynes v. Rowe, 40 Maine, 181; Protection Ins. Co. v. Wilson, 6 Ohio State, 553; Lambeth v. Western Ins. Co. 11 Rob. La. 82.

(a) Cobb v. New England Ins. Co. 6 Gray, 192.

(b) Rogers v. Traders Ins. Co. 6 Paige, 588.

(c) Turner v. Burrows, 8 Wend. 150, 24 id. 276.