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SUBJECTS OF CASES.

without the strict performance of which the right to demand an indorsement of a loss under the policy would not accrue; and where the usual mode of forwarding letters of advice is by the steamers in which the goods are shipped, the losses must necessarily be notified to the underwriters after they have occurred, and the insured are entitled to recover if the loss be notified to the insurers by the person in charge of the goods without any letter of advice, as this would comply with a memorandum providing for the losses being made known to the insurers as soon as known to the assured. (Sup. Ct. of Cal. U. S.) Id....

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5. Cargo Constructive total loss-Wreck-Sale of cargo by salvors-When loss takes place-Limitation of action.-Where ship and cargo are wrecked and cast ashore, but part of the cargo continues to exist in specie and is taken out, and, it being impossible to forward it to its destination, is sold by the salvors on the spot, there is no total loss of the cargo, actual or constructive, until the sale has taken place; and, consequently, a condition in a policy on the goods, that no action shall be maintainable on the policy unless commenced within twelve months after any loss shall have occurred, is complied with if an action, to recover for a total loss of the goods, is commenced within twelve months after the sale has taken place; the action need not be commenced within twelve months after the wreck. (P.C.) Browning (app.) V. The Provincial Insurance Company of Canada.... 6. Cargo-Brokers making advances-Insurable interest-Extent of Interest of all concernedRight to insure.-Brokers who in the course of their business are in the habit of receiving consignments of cotton from abroad, and of making advances by acceptances, usually negotiated abroad, against the consignment, have on accept. ing the bills and so becoming liable upon them an equitable interest in every part of the cotton against which they have made the advances, and have such an interest in the selling and managing the consignment, as in law gives them a right to insure to its full value, and if the goods be lost in transit may, on a declaration averring interest in themselves, recover on a policy effected by them at the request of the consignors to cover the interests of all concerned the full amount insured, applying the proceeds to the extent of their claims, and holding the remainder as trustees for the persons beneficially interested: (per Bovill, C.J., and Denman, J.); sed contra (per Keating and Brett, JJ.), the brokers making advances on the cotton in transitu, have only a contract right on the cotton to have the bills of lading delivered to them on payment of their acceptances, and as consignees, though interested in every part, are not the legal owners, nor trustees for the persons beneficially interested, and cannot therefore recover more than their own beneficial interest. (C. P.) Ebbsworth and others v. The Alliance Marine Insurance Company...

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7. Cargo Insurable interest Named shipCargo part loaded - Appropriation to buyer— Right to recover for part shipped.-Where a merchant buys a grain cargo per a named ship, and part of that cargo is shipped and the rest along. side when the ship goes down and, with the part loaded, is lost, there is such an appropriation of the cargo already loaded, the ship being named in the contract, as to prevent the seller from withdrawing it without the buyer's consent; the option of accepting or rejecting the part cargo VOL. II., N. S.

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10. Cargo Tea-Packages-Damage by perils to some-" Loss to be ascertained by separation and sale of contents damaged"-Loss by injury to reputation-Divisibility of damage. Where by a policy of marine insurance, packages of tea valued at a certain sum are insured against the usual risks," and all other losses and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods or any part thereof; warranted by the assured free from damage or injury from dampness, change of flavour, or being spotted, &c., except caused by actual contact of sea-water with the articles damaged occasionally by sea perils; in the case of partial loss by sea damage to dry goods, cutlery, or other hardware, the loss shall be ascertained by a separation and sale of the portion only of the contents so damaged, and not otherwise: and the same practice shall obtain as to all other merchandise as far as practicable," and certain packages of tea are damaged during transit by sea perils, the remainder being unharmed, then for the purpose of assessing the damage sustained, the packages coming under the head of "all other merchandise," are divisible, and the underwriters are liable only for the deterioration in value of such of the chests as have in fact been damaged by sea-water, and not for injury to the reputation of the rest from having formed part of a shipment of which part had been damaged by sea-water. (C.P.) Cator v. The Great Western Insurance Company..... 11. Cargo Tea-Packages-Damage by perils to some- -Divisibility of damage.-Semble, even if the policy had not contained the above clause, the packages would still have been divisible, and the underwriters liable only for such as had been in fact damaged by sea-water. (C.P.) Id... ...... 90 12. Cargo-Valued policy-"At and from "-Part of cargo loaded-Total loss of part-ValuationInvoice price.-Where a cargo bought to arrive by a particular ship is insured "at and from " the port of loading by that ship as interest may appear, amount of invoice to be deemed the value," and before the full cargo is loaded, the ship and part of cargo are totally lost, the policy must be treated as a valued policy, the valuation being the amount of the proper invoice, 2 T

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according to the contract between the buyer and vendor. (C.P.) Anderson v. Morice 13. Concealment and representation-Duty of assured. Though an assured is not bound to disclose everything which might influence the mind of an underwriter, he is bound to disclose all those facts which a rational insurer, governing himself by the principles and calculations commonly applied to policies and risks, would regard as bearing on those risks. (Q. B.) Ionides v. Pender.... 14. Concealment and representation-Duty of assured-Excessive valuation-Varying risk.—An excessive valuation of the subject matter of insurance is a fact which, as bearing on the risks insured against, ought to be disclosed to an underwriter by an assured, and the concealment of such a fact will vitiate a policy if its disclosure would have materially affected the mind of the underwriter in assuming the risk. (Q. B.) Id. 266 15. Concealment and representation-Reinsurance on subject matter-Duty of communication.-An assured may effect reinsurance directly on the subject-matter of insurance against the risks or any part thereof insured against in the original policy, without being bound to disclose in the policy or otherwise that it is a reinsurance unless challenged so to do. (Ex.) Mackenzie V. Whitworth 16. Concealment and representation-Slip contract -Knowledge of material fact after initiallingCommunication.-A slip being in practice the complete and final contract between the parties to a contract of marine insurance, although not enforceable at law or in equity, there is no obligation on the assured to communicate a material fact which comes to his knowledge after the initialling of the slip and before the issuing of the policy. (Q.B.) Cory v. Patton......

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(Ex. Ch. from C.P.) Lishman and others v. The Northern Maritime Insurance Company (Limited) 504 17. Concealment and representation-Slip-Knowledge of material fact after initialling-Contract made by agent of assured-Ratification by assured-Duty to communicate. The fact that the contract of insurance has been entered into by an agent of the assured and the slip been initialled by the underwriter, subject to the approval of the assured, and that the ratification of the assured does not take place until after the material fact comes to his knowledge, does not, where the assured was ignorant of the material fact when the slip was initialled, entitle the underwriter to have the fact communicated to him. (Q.B.) Cory v. Paton 18. Concealment and representation-Slip contract -Warranty in policy not in slip-Material fact -Duty of communication.-The introduction into a policy on freight of a warranty (not in the original slip) for the benefit of underwriters, to the effect that the hull of the ship is not insured beyond a certain amount, does not create a new contract or new risk different from the slip, and therefore does not affect the duty of communication of material facts. (Ex. Ch. from C. P.) Lishman v. The Northern Maritime Insurance Company (Limited)

19. Freight-Particular ship-Chartered freight upon homeward voyage-Insurance during outward voyage-Constructive total loss of ship on outward voyage-Right to recover on policy on freight. Where an insurance upon chartered freight, to be earned by a particular ship named in the charter-party upon a homeward voyage, is effected by the shipowner to cover risks to be incurred during the previous outward voyage,

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damage by perils of the seas sustained during the outward voyage, to an extent which result in such injury that on her arrival at her chartered port of loading the cost of repairs to enable her to perform her homeward voyage under the charter-party wenld be more than she would be worth when repaired, will entitle the assured to claim against the underwriters on freight as for a total loss of freight. (H. of L.) Rankin and others v. Potter and others.....

..page 65 20. Freight-Particular ship-Chartered freight on homeward voyage-Insurance during outward voyage-Constructive total loss of ship-Total loss of freight-Notice of abandonment.-To entitle the assured to claim as for a total loss of freight under such circumstances, no notice of abandonment is necessary, because the loss of the freight is an actual total loss resulting from the inability of the ship to perform the contract created by the charter-party, by the terms of which no other ship could earn the chartered freight, and in consequence the underwriters could not by abandonment either take or earn any part of the chartered freight; notice of abandonment being necessary only where abandonment transfers to the underwriters something beneficial to them. (H. of L.) Id.......

21. Freight-Particular ship-Chartered freight upon homeward voyage-Insurance during outward voyage-Total loss of freight-Notice of abandonment to underwriters on ship-No necessity for.-The right of the assured to claim as for a total loss of freight under such circumstances is not affected by his neglect to give due notice of abandonment to the underwriters on ship for the purpose of claiming against them as for a constructive total loss of ship, because the rights of the assured as to the insurances on ship and freight depend upon different considerations and totally different contracts, which ought not to be mixed together; the policy on freight ought to be considered as though the ship had never been insured; hence conduct of the assured in delaying the voyage to the port of loading for a considerable time, in employing the ship for other purposes than that for which she was chartered (as a store ship), and in having the ship surveyed and temporarily repaired in an intermediate port on the outward voyage, after the damage is sustained, so that great and unnecessary delay took place before notice of abandonment was given to the underwriters on ship, will not affect the rights of the assured under the policy on freight, which becomes a total loss as soon as the damage is sustained. (H. of L.) Id.

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22. Freight-Payable on quantity delivered-Half on signing bills of lading-Half on delivery-Prepayment relates to whole cargo-Half cargo lostAmount recoverable on policy on freight.—Where goods are shipped under a charter-party by which the freight is made payable at an agreed rate on the quantity delivered," half on “sign. ing bills of lading," and the remainder "on right delivery of the cargo," the prepayment of the freight in advance, which cannot be recovered back in case of the loss of the cargo, presupposes a delivery of the entire cargo, and is made in respect thereof, and it is not competent to the owners of the cargo, in case of a loss of half the cargo, to appropriate the whole of the amount prepaid to that portion of the cargo which is actually delivered, but he can only claim to have the prepayment distributed rateably over each portion of the cargo delivered; consequently the loss to the shipowner is not the half of the total amount of freight, but only half the freight pay

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able under the charter-party for the portion lost; hence if the shipowner, at the time of shipment, insures the freight still due in a valued policy, fixing the amount of the valuation at half the freight payable under the charter-party, he cannot recover as for a total loss of half the freight, but can only recover as for a partial loss, the amount recoverable being a sum bearing the same proportion to the actual loss sustained as the amount insured bears to the total amount of freight payable. (Ex. Ch. reversing C. P.) Allison v. The Bristol Marine Insurance Company..

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23. Freight Ship chartered to proceed to port and there load-Prevented from proceeding within reasonable time by perils insured against-Total loss of freight. Where a ship is chartered to proceed with all convenient speed from L. to N., and there load a cargo for S., the usual perils excepted, and after leaving L., but before reaching N., she gets aground, and the delay in getting the ship off and in repairing her will be necessarily so great as to make it unreasonable for the charterers to supply the agreed cargo at the end of the time, and so great as to put an end, in a commercial sense, to the speculation entered upon by the shipowner and the charterers, the latter are discharged from their contract on the ground that there is an implied condition of the contract that the ship shall arrive at N. within a reasonable time, and on the failure of this the contract is at an end. Consequently, the adventure having been frustrated by perils of the seas, there is a total loss of chartered freight within the meaning of a policy effected by the shipowner "on chartered freight at and from L. to N. in tow, while there and thence to S.," and the shipowner may recover thereon. (Ex. Ch. from C. P.) Jackson v. The Union Marine Insurance Company (Limited)

24. General average-Particular average-Foreign adjustment Warranty against average unless general-Foreign law-Liability of underwriter. -Where a policy of insurance upon goods on board a vessel from Varna to Marseilles, contains the words "general average as per foreign statement," and a warranty against average unless general, and the voyage is by perils of the seas terminated at an intermediate port, and the average statement there duly made up in accordance with the law of the port of destination, and by such statement the damage sustained by the wheat is made to appear as general average, the loss, although only a particular average loss by the law of England, must be treated as general average as per foregin statement, and may be recovered from the underwriters. (C.P. and Ex. Ch.) Mavro and another v. The Ocean Marine Insurance Company..

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25. Particular average-Stranding-Foreign adjustment-Foreign law-Liability of Underwriters.— When goods are first insured under a Dutch policy, and afterwards under an English policy, the latter containing the words "to cover only the risk excepted by the clause warranted free from particular average, unless the ship be stranded, sunk, or burnt, to pay all claims and losses on Dutch terms, and according to statement made up by the official depécheur in Holland," the terms of the English policy do not, in the absence of notice of the same or existence of the Dutch policy, amount to notice to the underwriters of the Dutch policy, and the English policy must be construed independently thereof; but if the ship be stranded according to English law, but not according to Dutch law, and an average

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26 Policy Assignment after interest ceased. Where the interest of the insured has ceased before loss, a subsequent assignment of the policy is ineffectual. (Q. B.) The North of England Pure Oil Cake Company (Limited) v.The Archangel Maritime Bank and Insurance Company (Limited) 571 27. Policy on cargo-Assignment after interest ceased -Passing of policy.-Where cargo is insured for a voyage, including risk of lighters, and the assured during the voyage sells the cargo to be paid for in 14 days from being ready for delivery or at seller's option on handing shipping document (which option is not exercised) and the cargo is discharged into lighters employed by the purchasers, one of which sinks, and the assured afterwards assigns the policy to the purchasers, the purchasers cannot recover on the policy because the policy does not pass by the contract of sale, the interest of the assured ceases on delivery into the lighters and the subsequent assignment is void. (Q. B.) Id

28. Policy-Attaching of" At a port"-Implied understanding or warranty-Risk-Variation of. -When a policy of marine insurance is entered into insuring a ship or goods thereon "at and from a port," there is, in the absence of a direct representation, an implied understanding that the vessel shall be at that port within such a time that the risk shall not be materially varied; otherwise the risk does not attach. (Q. B.) De Wolf v. Archangel Maritime Bank and Insurance Company

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29. Policy Contract-Agent - Principal - Right to sue....A contract of marine insurance, entered into with underwriters by an agent in his own name, but without expressing the interest in the subject of insurance to be in any particular person, may be sued upon by the principal in whom the interest is. (P.C.) Browning (app.) v. The Provincial Insurance Company of Canada (resps.) 35 30. Policy-Contract-Form of A.B. As well in his own name, &c."-Agent - Principal Certificate or slip-Right to sue.-Where the common form of policy of a marine insurance company contains the usual clause, "A.B. as well in his own name as and for and in the names of all and every other person or persons to whom the same shall appertain, &c.," and it is the usage of the company on accepting a risk to issue a certificate or slip as a provisional agreement entitling the assured to a policy in their common form, the certificate is to be construed as a contract containing the above clause, and, if the certificate is made out in the name of an agent, the principal on whose behalf the contract is made may (in Canada where there are no Stamp Acts as to agreements for marine insurance) sue upon the certificate in his own name. (P.C.) Id 31. Policy Fraud-Finding by court of lawCancellation of policy by Court of equity.— Where an action of law has been brought on a policy of marine insurance, and it has been decided in a special case stated in that action that that policy and others given under the same circumstances were procured by fraud, the Court of Chancery will, upon the facts so established, make a decree cancelling the policies. (V.C.B.) London and Provincial Marine Insurance Company v. Seymour

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32. Policy-Warranty-Condition-Construction of -Evidence.-Where a warranty or condition in a policy of marine insurance is expressed in clear terms, evidence will not be admitted to show that it is to be construed contrary to the apparent meaning of those terms, although the desired construction may be that which has ordinarily been put upon it by persons making use of that form of policy. (Priv. Co.) The Provincial Insurance Company of Canada v. Leduc

page 338 33. Policy-Warranty-Time of voyage specifiedBreach Liability Abandonment.- Where a ship is insured on a time policy at and from Montreal, to trade between the Island of Newfoundland, Nova Scotia, Cuba, &c., and Quebec and Montreal, and the policy contains a stipulation in the following words: "Not allowed under this policy to enter the Gulf of St. Lawrence before the 25th April, nor to be in the said Gulf after the 15th Nov.; nor to proceed to Newfoundland after the 1st Dec., or before the 15th March, without payment of additional premium, and leave first obtained, war risk, and sealing voyages excepted;" the policy is not to be construed as declaring that the vessel may proceed from any of the ports named in the policy to Newfoundland on or before the 1st Dec., notwithstanding it might have to pass through the Gulf after 15th Nov.; but under that clause the vessel is neither to be in the Gulf after the 15th Nov., nor to proceed to Newfoundland from any port after the 1st Dec.; and if the ship enters the Gulf after the 15th Nov., she commits a breach of warranty within the words of the policy, and the underwriters are not liable for any loss occurring in consequence of that breach, unless they accept abandonment with a knowledge of the breach. (Priv. Co.) The Provincial Insurance Company of Canada v. Leduc........ 34. Practice-Costs-Examination of defendants' witnesses before plea-Reg. Gen. H.T. 1853,R.12.Where in an action upon a policy of marine insurance witnesses are examined on behalf of defendants to save expense after declaration but before plea, the defendants not pleading through default of the plaintiffs, the cost of the examination are not costs before instruction for plea within the meaning of Reg. Gen., H. T., 1853, R. 12, and will be allowed upon taxation where the defendant having subsequently pleaded several pleas and paid money into court under the money counts, the plaintiff discontinues. (Q.B.) Previte and another v. The Adelaide Fire and Marine Insurance Company

35. Reinsurance-Agents abroad-Neglect to reinsure -Damages-Suit in equity.-A claim for damages by an insurance company against their agent for not reinsuring, according to instructions, cannot be enforced in a suit in equity for an account of the transactions between the prin cipal and agent. (L.JJ. reversing V. C. B.) The Great Western Insurance Company of New York v. Cunliffe

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36. Reinsurance-Agents abroad-Credit SystemRemuneration of Agents-Discount-Custom.-Agents for an insurance company abroad, whose business it is to effect reinsurances for the company, but with respect to whose remuneration no stipulation has been made between the company and themselves, are entitled to retain, for their own benefit, the discount which they receive as brokers under the "credit" system (12 per cent.) by the custom of insurance business, more especially if the mode of remuneration has been made known to their principals; and they need not account for the same to their principals. (L.JJ. reversing V. C. B.) Id...... .219, 298 !

37. Risks insured against-Restraint of princesLand transit-Marine policy — Liability.—A marine policy in the ordinary Lloyd's form against the usual perils, "arrests, restraints, and detainments of princes," on goods which are expressed in the policy to be carried by a route, which is (within the knowledge of the underwriters) partly by sea and partly by land, covers the risk of transit both by land and water, and if the goods are lost by the perils insured against while upon land, the assured are entitled to recover. (C.P. and Ex. Ch.) Rodocanochi and others v. Elliot and others....

page 21, 399 38. Risks insured against-Restraint of princesLand transit-Siege-Abandonment—Liability. -Where goods insured under a policy covering terrene risks, and against (inter alia), “arrests, restraints, and detainment of princes," are in course of their transit detained in a town by reason of that town being regularly besieged, the detention is a "restraint of princes" within the meaning of the policy, which will give the assured the right to abandon and claim as for a total loss. (C.P. and Ex. Ch.) Id.

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..21, 399 39. Risks insured against-Restraint of princesLand transit-Siege-Notice of abandonment— Where to be given.-Semble, that in such a case notice of abandonment may be given immediately or within such a reasonable time after the com. mencement of the restraint as will enable the assured to ascertain whether the restraint is likely or not to be permanent. (C.P.) Id. 40. Ship Classification · Underwriters' Associa tion Suspension of class-Right of shipowner to relief. Where an underwriters' association for the registry of ships, having a ship classed on their lists submitted to them for inspection and being dissatisfied with her condition, bonâ fide and without malice make an entry on their books suspending the ship's class, and decline to remove the entry till certain alterations are made in the ship, the shipowners are not entitled to relief, although they may be injured by the entry. (V.C.M.) Clover v. Roydon...... 41. Ship-Illegal voyage Carrying passengers without Board of Trade certificate-Owners ignorant of master's act-Liability of underwriters.— Where a ship, not licensed by the Board of Trade to carry passengers, does carry them, if such carriage is the act of the master alone without the knowledge of the owners and contrary to their intentions, the policy is not vitiated by the illlegal carriage of passengers. (Q.B.) Dudgeon v. Pembroke

42. Ship-Insurable interest—Joint purchase-Payment of whole by one owner—Authority by other to insure whole-Right to recover in name of one.Where a ship is purchased in the name of two persons A. and B., but the purchase money is by arrangement between them paid by A. only; and B., in order to give some security to A. for the payment of his share, authorises A. to insure the ship in his (A.'s) name alone, and in case of the loss of the ship, to receive the whole insurance money, and so pay himself the amount due to him from B., A. has an insurable interest in the whole ship, and may, in an action on a valued policy, recover in his own name the full amount insured. A statement by B. to a third person of this arrangement with A., being a declaration against his (B.'s) interest, is evidence against the insurers to show A.'s insurable interest. (Priv. Co.) The Provincial Insurance Company of

Canada v. Leduc

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terial men lend money to a ship's captain to provide necessaries for his ship at a foreign port receive a bottomry bond, insure the ship, and on an adjust. ment of average are awarded a sum as due to them under the policy from the underwriters, they have an insurable interest, and are entitled to recover the amount found due by the adjustment. (U.S. Sup. Ct.) The Merchants' Mutual Insurance Company v. Baring and others...page 411 44. Ship-Insurable interest-Mortgage-Right of shipowner to insure.—A shipowner whose ship is mortgaged may, if he remains in possession, insure his ship to the full amount of her value. The Provincial Insurance Company of Canada v. Leduc 338 45. Ship - Fire· Policy on ship in dock "with liberty to go into dry dock.”—Lying in river for repairs-Not covered.-A policy against fire in the hull of a ship whilst " lying in the Victoria Docks, London, with liberty to go into dry dock, and light boiler fires once or twice during the currency of this policy," although covering the ship whilst in the Victoria Dock and the dry dock and during her passage up and down the river between the two (if such passage be necessary by reason of her being unable to go into dry dock without so passing), does not cover the ship whilst lying in the river for repairs, after coming out of dry dock, and before returning to the Victoria Dock. (Ex. Ch. from C.P.) Pearson v. The Commercial Union Assurance Company. 46. Ship-Sale by master-Total loss-Necessity for sale-Notice of abandonment.-The master of a ship may, under certain circumstances, effect the sale of his ship so as to thereby render the underwriters liable for a total loss without notice of abandonment, but he can only do so in cases of stringent necessity-that is to say, a necessity that leaves the master no alternative, as a prudent and skilful man acting bona fide for the best interests of all concerned and with the best and soundest judgment that can be formed under the circumstances, but to sell the ship as she lies. If he comes to this conclusion hastily, either with. out sufficient examination into the actual state of the ship, or without having previously made every exertion in his power with the means then at his disposal, to extricate her from the peril or to raise funds for her repair, he will not be justified in selling, even though the danger at the time appear exceedingly imminent, (P.C.) The Cobequid Marine Insurance Compauy v. Barteaux ... 536 47. Ship-Time policy-Unseaworthiness-Knowledge of shipowner-Warranty.-When a jury have found in an action on a time policy that a vessel was sent to sea in an unseaworthy condition, but that such condition was at the time unknown to the shipowners, there being in such case no waaranty of seaworthiness, they can recover even though the unseaworthiness as a fact materially contributed to the loss. (Q.B.) Dudgeon v. Pembroke...

48. Ship-Time policy-Warranty-Voyage and times specified-Effect of breach-Acceptance of abandonment-Estoppel.-A warranty in a time policy upon a ship for certain voyages, that the ship shall not proceed to or be at certain places after given dates, has not the effect of leaving the ship totally uninsured by the policy if, in breach of the warranty, she proceeds to, or is at those places after those dates, so as to preclude recovery in all cases; and if the underwriters, after a loss occurs whilst the ship is upon a voyage in breach of the warranty, duly accept abandonment, they will be estopped from setting up that there was no loss within the policy or the breach of warranty.

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49. Ship-Unseaworthiness-Sinking at moorings— Where a ship, pre

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viously to all appearances staunch and sound, and recently thoroughly repaired, and a few days before examined without any defects being discoverable, sinks suddenly at her moorings when she has taken in five-sixths of her cargo, and no direct evidence can be given why she founders, and no cause assigned for her doing so, these facts raise a presumption of unseaworthiness which mere conjectures and suggestions of a cause cannot displace. But evidence of the ship's excellent conduct up to the time immediately preceeding the loss, of extensive repairs recently done, of careful surveys recently made, and of the localisation of the injury, may be properly left to the jury on the questions as to seaworthiness and loss by a peril insured against, and is evidence on which they are justified in finding a loss by perils insured against, and they are not bound to find that she was unseaworthy. (C.P.) Anderson Morice

50. Ship Warranty of seaworthiness - Subject matter of insurance.-The warranty of seaworthiness implied in a policy of marine insurance is to be considered with reference to each subject matter of insurance, and the ship can only be said to be seaworthy for the purposes of that warranty if it is seaworthy in respect of that subject-matter. (C.P.) Daniells v. Harris

51. Ship-Warranty of seaworthiness-Insurance on cargo-Effect of warranty-Destruction of cargo. -In a policy on cargo the implied warranty that the ship is seaworthy cannot be considered to contemplate the destruction, in order to save the ship on an ordinary voyage, of that very cargo which is the subject-matter of insurance. (C.P.) Id.

52. Ship-Warranty of seaworthiness-Insurance on cargo-Effect of warranty-Jettison of deck cargo. -Where a policy is effected on deck cargo it is not a compliance with the warranty of seaworthiness that the ship can, without danger to herself, should she encounter ordinary rough weather, be made seaworthy by the jettison of the deck cargo, which is the subject-matter of the insurance. (C.P.) Id.

53. Ship-Warranty of seaworthiness-Insurance on ship or under-deck cargo-Effect of warranty— Jettison of deck cargo.-Semble, that if the policy had been on the ship and under-deck cargo, and not on the deck cargo, the implied warranty of seaworthiness would have been satisfied by the safety of the ship and under-deck cargo, and would not have been affected by the peril to or loss of the deck cargo, provided that the latter, by reason of the facility with which it could have been got rid of would have caused no danger to the ship, or subject-matter of insurance. (C.P.) Id. 54. Slip-Policy-Stamp Act-Contract not enforceable unless stamped-Not divisible.-An underwriter's slip is a contract of marine insurance within the meaning of the Stamp Act 1870, and such a contract cannot be enforced unless expressed in a stamped policy, and the agreement on behalf of underwriters signing a slip is not an agreement divisible into two parts, the one to make a contract of marine insurance, and the other to prepare a policy in accordance with that contract, but is a whole agreement to insure, which can only be enforced against underwriters after being expressed in a stamped policy. (Q. B. and Ex. Ch.) Fisher v. Liverpool Marine Insurance Company (Limited)

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