Gabay and Another against Lloyd
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1825 |
| Date | 01 January 1825 |
| Court | Court of the King's Bench |
English Reports Citation: 107 E.R. 927
IN THE COURT OF KING'S BENCH.
S. C. 5 D. & R. 641; 3 L. J. K. B. 0. S. 116. Referred to, Taylor v. Dunbar,
1869, L. R. 4 C. P. 211.
£793] gabay and another against lloyd. 1825. A policy was effected on horses warranted free from mortality and jettison. In the course of the voyage in consequence of the agitation of the ship in a storm, the horses broke down the partitions by which they were separated, and by their kicking bruised and (a) As to the right to compel Watson to produce the assignment, see 3 Stark, on Ev. 1772, and the cases there collected. 928 GABAY V. LLOYD 3 B. & C. 794. wounded each other so much that they all died : Held, upon special verdict, that this was a loss by a peril of the sea, and that the plaintiff was entitled to recover. It was found in the special verdict that a certain usage with respect to such policies prevailed amongst the underwriters subscribing policies at Lloyd's Coffee-House in London, and merchants and others effecting policies there, and that the policy in question was effected at Lloyd's Coffee-House, but it was not found that the plaintiff was in the habit of effecting policies at that place : Held, that this usage was not sufficient to bind the plaintiff. [S. C. 5 D. & E. 641; 3 L. J. K. B. 0. S. 116. Keferred to, Taylor v. Duribar, 1869, L. K. 4 C. P. 211.] Declaration upon a policy of insurance on goods, as per annexed statement, valued at 28001., on the ship "Aimwell," at and from Liverpool to Jamaica. By a memorandum, horses were warranted free of jettison and mortality. The declaration then stated that the defendant subscribed the policy for 2001.; that three horses,-parcel of the goods valued in the statement, had been shipped at Liverpool on board the " Aimwell" ; that the plaintiffs were interested, and then averred a loss of the horses by perils of the sea. At the trial before Abbott C.J., at the London sittings, the jury found a special verdict, stating the following facts: the order for effecting the insurance, that the three horses mentioned in the declaration were parcel of the goods valued in the statement; the payment of the premium; the subscription of the defendant; the shipment of the horses; the interest of the plaintiffs in the goods; and amongst these, of the three horses; the sailing of the vessel; and that on, &c. at, &c. the said vessel having the said three horses on board thereof, together with the other...
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