Annen v Woodman
| Jurisdiction | England & Wales |
| Judgment Date | 26 November 1810 |
| Date | 26 November 1810 |
| Court | Court of Common Pleas |
English Reports Citation: 128 E.R. 119
Common Pleas Division
Referred to, Cohn v. Davidson. 1877, 2 Q. B. D. 461.
concrete being all against the captain. For the reason I have mentioned, it is manifest; that the Berlin decree could not subsist in Denmark, and that being so, the ship is in the common state of an American ship, which therefore ought to be documented as a neutral ship : it is quite ridiculous to talk of this ship being an American, if she is not to be documented as an American ship. We are of opinion therefore that the Rule must be absolute for a Notisuit. [299] ANNEN V. WOODMAN. Nov. 26, 1810. [Referred to, Cohn v. Davidson, 1877, 2 Q. B. D. 4611 A ship seaworthy, if she is sufficiently furnished for the service in which she is for the present time engaged.Therefore, a ship much out of repair is seaworthy in harbour, and is protected under the word "at."And as a full complement of men is not necessary in harbour, she does not cease to be seaworthy for want of a crew till she sails on the voyage without a crew.If a ship, seaworthy to lie in port, sails without being rendered seaworthy for the voyage, upon a policy "at and from," there can he no return of premium. This was an action upon a policy of insurance, at and from Surinam to London. Upon the trial of the cause at Guildhall, at the sittings after Trinity term 1810, before Mansfield C. J. it appeared, that the vessel arrived at Surinam, and lay there a considerable time before she sailed, during which she took in a cargo of goods, of the value of 60001. She sailed on the homeward voyage on the let of August 1808, but before she got down to Braam's point, at the mouth of the Surinam river, she grounded and was lost. The defence set up by the underwriters, was, that the vessel was not seaworthy ; it was proved that the vessel broke ground without a sufficient complement of men for the voyage, and that she was leaky ; the Plaintiff endeavoured to sheer, that the damage had been occasioned by accidentally striking on an anchor in the Surinam river ; but some witnesses proved that the ship's timbers were rotten, whereupon Best Serjt., for the Plaintiff, said, he would admit that she was not seaworthy, and would take his verdict only for a return of the premium, and accordingly, without the case being summed up to the jury, a verdict passed generally for the Defendant, upon the counts on the policy, without the jury specially finding what was the defect which rendered...
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...Brandao v. Barnett(m); Park's System of the Law of Marine Insurances, ch. xi.; Christie v. Secretan (8 T. K. 192, 198); Annen v. Woodman (3 Taunt. 299); Haywood v. Rodgers (4 East, 591); Howard v. Shepherd (9 Com. B. 297); stat. 18 & 19 Viet. c. 111. Cur. adv. vult. There being a difference......
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...with the first verdict, must be equally dissatisfied with a second verdict the same way, on the same evidence. He cited Amnen v. Woodman (3 Taunt. 299),-the language of Lord Eldon in Douglass. Scougall (4 Dow, 269), [895] and Watson v. Clark (6 Dow, 344), and of Lord Mansfield in Goodwin v.......
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Francois Louis Charl Biccard, and Others, Trustees of the Commercial Marine and Fire Assurance Company, - Appellants; John Shepherd, and Others, Trustees of the Namaqua Mining Company, - Respondents
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