Driscol v Passmore
| Jurisdiction | England & Wales |
| Judgment Date | 06 February 1798 |
| Date | 06 February 1798 |
| Court | House of Lords |
English Reports Citation: 126 E.R. 858
IN THE COURTS OF COMMON PLEAS AND EXCHEQUER CHAMBER AND IN THE HOUSE OF LORDS
Referred to, De Wolf v. Archangel Insurance Company, 1874, L. R. 9 Q. B. 454.
driscol v. passmore. Feb. 6th, 1798. [Referred to, De Wolf v. Archangel Insurance Company, 1874, L. K. 9 Q. B. 454.] Insurance on a voyage from C. to D. on a representation that the ship was first to sail from A, to B. and from B. to C. ; the voyage from A. to B. was performed, but that from B. to C., being unavoidably prevented, the ship returned to A., from thenee proceeded immediately to C. and in performing the voyage from C. to D, was lost; and this was held a good oommeucement of the voyage insured (a)2. Assumpsit on a policy of insurance, with a count for money had and received. The Defendant paid five guineas into Court. [201] The ship "Timandra" being about to sail on a voyage from Lisbon to Madeira, from Madeira to Saffi on the coast of Africa in ballast, and from thence back to Lisbour with a cargo of wheat; the Plaintiff directed his broker to make three insurances, vizi one on three-fourths of the ship for the round voyage, one on three- (6) Vide Bullock v. Dadds, 2 B. & A. 258, 270. (a)' Vide Greaves v. Stokes, 1 Taunt. 485. (ay Vide Driscol v. Bovil, post, 313. Scott v. Thompson, 1 N. E. 181. Urquhart v. Barnard, 1 Tannt. 450. Tulloch v. Soyd, 1 Taunt. 472. Scott v. Thompson, 1 N. R. 181. 1 BOS. & BUL. 202. DR1SCOL V. PASSMORE 859 fourths of the freight on the voyage from Lisbon to Madeira, and one (which was the insurance in question) on three-fourths of the freight from Saffi to Lisbon.-Tbe two former were effected without any difficulty, but the broker was not able to get the third underwritten at the same time, on account of the distant period at which the risk was lo commence : however, on a representation some time afterwards, that he had received intelligence of the ship's arrival at Madeira, and that she was about to proceed on her voyage immediately, this also was effected. When the "Timandra" arrived at Madeira, all the crew except two, being alarmed by reports of some Moorish cruisers being off Saffi, and of their having captured and ill-treated a Dane and an American, quitted the ship, and refused to return to it unless the captain would promise to sail immediately for Lisbon. Under these circumstances, the captain carrisd the ship back to Lisbon ; but on his arrival there, the charterers insisted on his proceeding directly from thence to Saffi; which he accordingly did, and was captured in his return from Saffi to Lisbon. It was in evidence that the difference of season arising from this delay did not vary...
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