Damport against Sympson
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1650 |
| Date | 01 January 1650 |
| Court | Court of the King's Bench |
English Reports Citation: 74 E.R. 972
King's Bench Division
972 DAMPORT AGAINST SYMPSON OWEN, 158. plaintiff declared that no assurance was made, nor tender before the said Michaelmas. And hereupon the defendant demurred, for that the charges should have been offered before the assurance, 3 H. 74, 23 Eliz, Dyer. Anderson in the 35 & 36 Eliz. Foster did covenant with Franke to make au assurance at the costs and charges of Franke, and Franke brought a covenant, and Foster demurred because no charges were tendred to him, & it was adjudge against Foster, for Franke could not have cognizance what manner of assurance should be made, and so could not tell what charges to tender, and therefore be ought first to shew him what manner of assurance he should make, and according to that he ought to tender reasonable charges. Walmesley. But the chargee ought to precede the assurance, but the declaring of what manner of assurance should be made ought first to he done. Beaumond of the same opinion. [158] MICHAELM. 38 Euz. DAMPORT AGAINST SYMPSON. In an action on the case, the plaintiff declared that he bad given to one Spilman certain jewells to traffique with them beyond the seas, and that he bad not sold them, but had delivered them to the defendant, who had spoild them, whereupon the plaintiff brought an action against the said Spilman, and upon not guilty pleaded they were at issue : and the now defendant at that evidence did depose upon his oath, that the jewells were worth but 2001...
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