Reports of Cases Determined at Nisi Prius; In the Courts of King's Bench and Common Pleas, and on the Home Circuit, from the Sittings After Michaelmas Term, 48 Geo. III. 1807 [To the Sittings After Hilary Term, 56 Geo. III. 1816] Volume 3

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1814 edition. Excerpt: ... nim the cargo on board; but the first part of it was not winter risk, sent along side till the 8th of September. On the 30th of the same month the stiip sailed on the homeward voyage, and after lying some some time for convoy at Matwick, was wrecked on the 1 ith of November off the coast of Denmark. Before she sailed from Cronstadt the winter risk had begun, and the current premium had risen to 30 guineas to return 10.. Vol. III. Y Scarlett, i8it. Scarlett, for the defendant, contended, that under V""v-' these circumstances the underwriters were not liable. v. The broker had represented that there was a cargo Glovisr. ready for the ship. This he did not state as matter of expectation or belief; but he directly and positively asserted it as a fact within his own knowledge, or that of his employer. Therefore, the only thing to be considered is, the materiality of the representation; and there can be no doubt that it was most material. If the cargo had been ready for the (hip upon her arrival at Cronstadt, in all probability she would have returned in safety. Upon the representation made, the underwriters contemplated a summer risk, and were contented to receive the summer premium; but by the representation being falsified, a winter risk was attempted to be thrown upon them, and the loss had arisen which the assured now sought to recover. Lord Ellenborough.--Had the desired warranty been introduced into the policy, that would have been falsified, and the underwriters would have been discharged. But I find no representation here upon the falsity of which they can defend themselves.. The broker said, the ship had sailed some time, and must then have reached Gottenburgh; that a cargo was provided for her; and that she must be...