Davy and Another against Milford
| Jurisdiction | England & Wales |
| Court | Court of the King's Bench |
| Judgment Date | 05 May 1812 |
| Date | 05 May 1812 |
English Reports Citation: 104 E.R. 954
IN THE COURT OF KING'S BENCH
Explained, Rallis v. Janson, 1856, 6 El. & Bl. 431.
davy and another against milford. Tuesday, May 5th, 1812. Upon a policy of insurance on flax, valued at so much, and warranted free of particular average, if the vessel be wrecked, and the assured do not abandon but labours to save the cargo, and in fact saves a part (l-16th), though much damaged, they are entitled to recover as for a total loss of that part which was in fact totally lost, but not for the rest which was saved to them in specie, though deteriorated. [Explained, Ealli v. Janson, 1856, 6 El. & Bl. 431.] This was an action on a policy'of assurance made on the 9tn of November 1810 for 2001., upon flax valued at 4001., at and from London to Exeter, on board the ship " Commerce," and insuring the plaintiffs against the perils of the seas and the other usual risks in the common printed form. The premium paid was one guinea and a half per cent.; and the flax was by the policy warranted free of particular average. The plaintiffs declared as for a total loss by the perils of the seas. At the trial before Bayley, J. at Exeter, a verdict was found for the plaintiffs for 1941. 10s., subject to the opinion of this Court on the following case. The plaintiffs were owners of the flax in question, which was shipped at London on board the " Commerce " in November 1810, and was packed in mats, in 24 separate packages, and weighed altogether 5 tons, 6 cwt., 1 quarter, and 8 pounds. On the (a) 2 Mod. 169. (J) 3 Keb. 387. (c) 1 Salk. 70. 1 Ld. Eay. 222, and 12 Mod. 120. (d) 2 Term Eep. 644. The Court there only said that it rather seemed to be the fairest way for the arbitrators to choose the umpire before they entered into the examination of the subject; and that it had been so determined in this Court about thirty years before. This was the case of Doyley v. Pitslow, E. 28 Geo. 2, in which Lord C. J. Eyder decided that arbitrators might choose an umpire within the time limited for making their own award. The last mentioned case was cited by Lord Kenyon in the case of The King v. Qutram, T. 29 Geo. 3, where the^same point was ruled upon a mandamus to a commission under an Inclosure Act to execute an award. 15 EAST, 56ft DAVY V. MILFORD 955 9th of November 1810 the policy was subscribed by the defendant at Exeter for 2001., at the premium of one guinea and a half per cent.; but if the warranty against particular average had not been inserted in the policy, the premium would have been two guineas per cent. The " Commerce " sailed from London on the voyage insured with the flax on board in the latter part of November 1810, and in the [560] course of her voyage was wrecked off Eye on the coast of Sussex, about half a mile from the shore. Part of her sunk there, and every person on board perished. Soon after the intelligence of the shipwreck had been received at Exeter, near which place the plaintiffs lived, they addressed the following letter to Captain Mackwell at Lydd, near Eye, Kent, who had previously been dispatched by other persons having an interest in the...
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Anderson and Another v Wallis
...which could not be deteriorated by delay. Cur. adv. vult. (a)1 2 Marshall on Ins. 505. (a)2 3 B. & P. 474. (6)1 14 East, 466 (c) 15 East, 559. (a)8 3 Bos. & Pull. 476. (6)2 2 Taun. 363. 374 ANDERSON V. WALLIS 2M.&S.245. [245] Lord Ellenborough C. J. now delivered the judgment of......
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Navone v Haddon and Another
...J. Neither would 99 per cent.: to charge the underwriters upon such a policy as this, there must be an actual total loss. Davy v. Milford (15 East, 559) is very much like this case : there, the policy was effected on flax, valued at so much, and warranted free of particular average; and it ......
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Alexander Ralli, Pandia Theodore Ralli and Spiridion Mavrojanni v Alfred Janson
...for the plaintiffs, and J. P. Wilde for the defendant: when the Court(o)1 stated that the opinion commonly received, since Davy v. Milford (15 East, 559), that an insurance on goods in packages was to be construed as insurance on each package, could not be overturned unless in a court of er......
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Roux v Salvador
...it was not a total loss, however unprofitable they might afterwards be." That decision is confirmed by Glennie v. London Assurance Company, Davy v. Milford (15 East, 559), Headburg v. Pearson (7 Taunt. 154), M'Andrews v. Vaughan (Park, Ins. 185). At all events, if the loss be deemed total, ......
