(2) War Risks and the Like

In a case that arose out of the Russo-Japanese
war and decided so recently as May 1914 by the
Court of Appeal, it was held that the fact that the
goods insured were expected to be captured if the
cargo went forward was not sufficient to constitute
a constructive total loss, as the risk of capture had
never begun. The facts of the case were shortly
these : — The plaintiffs, Russian subjects, under a
marine insurance insured a cargo of salt beef with
the defendants at and from San Francisco to Vladi-



Executory and Executed Contracts 125

vostok via Nagasaki against (inter alia) capture. Con ^ oU
War broke out during the currency of the policy, clause."
and the Japanese were blockading Vladivostok.
The defendants telegraphed to the plaintiffs to the oases n :
effect that if the cargo were sent to Vladivostok via
Nagasaki they would take up the position that the anc £ r "
plaintiffs deliberately caused any loss occasioned by (Marine).
the perils insured against. The plaintiffs' representa- (2)
tives in San Francisco, who were not desirous of War

risks and

increasing the loss to the underwriters, proposed the like.
