The Calcutta Law Journal Short Notes of Cases Articles and other Matters - January 1 1918

The theory was based upon the identity of the rulers and the ruled the prince and the subjects. [...] That was a suit by the plaintiff company incorporated in England ' to recover a sum of money as the price of tyres sold and delivered to the defendants ; the defendants admitted the purchase and delivery of goods but resisted payment on the ground that as all or most of the sharholders of the plaintiff company were enemies the payment would be for the benefit of the enemies and as such [...] Lush J. held the plea to he unavailing and decreed the plaintiff's suit holding that the illegality of trade does not depend upon the nationality of the parties and this decision was affirmed by the majority of Judges in the Court of Appeal. [...] In the time of Coke a distinction was made between alien friends and alien enemies and partly through the absorption of the principles of admiralty laws partly through the intervention of the Lord Chancellors and partly through the extension of foreign commerce and trade the disabilities upon alien friends were removed and the old law of exclusion from Court was limited to the alien enemies a [...] The defendant pleaded that the persons interested in the goods were aliens born in foreign parts out of the allegiance of the King and the plea was upheld by Kenyon C. J. And so firmly indeed was this principle engrafted in the English law of the 18th Century that S. W. Scott in the celebrated case of the "Hoop" based the prohibition of commerce with the enemy mainly upon the disability of t