The Government of the Philippine Islands v. W. O. Bingham

Summary

The Government sued firearms license holder W.O. Bingham and his sureties to enforce a $200 bond requiring safe keeping and return of licensed firearms on demand. The revolver and ammunition were lost when Bingham's pearl fishing vessel sank in a storm without fault on his part. The Court of First Instance and Supreme Court both ruled for defendants, applying the doctrine of impossibility under both American contract law and Spanish Civil Code Article 1182. The obligation was extinguished when the specific subject matter was lost through fortuitous events before any default occurred. The case established that bonds securing firearms licenses are subject to the general rules of obligations and contracts, and performance is excused when rendered impossible by acts of God. This precedent distinguished cases involving negligence from those involving pure fortuitous events.