Hucks and Others Thornton
| Jurisdiction | England & Wales |
| Judgment Date | 28 June 1815 |
| Date | 28 June 1815 |
| Court | Court of Common Pleas |
English Reports Citation: 171 E.R. 150
COMMON PLEAS
[30] June 28, 1815. hucks and others v. thobnton. (A vessel with liberty to chase and capture prizes, has some Spanish prisoners on board. By means, which did not appear, they break loose, rise upon, and imprison the crew, with the exception of one sailor, who is heard upon the deck in conversation with them. The captain and crew, with the exception of this sailor, are put on shore, and the Spaniards run away with the ship Upon a less alleged to be by barratry ef the mariners, this is evidence to be left to the jury that such barratry was committed. Where a vessel, engaged in the Southern whale and seal fishery, and with liberty to chase and capture prizes, ia insured in August 1807, with a retrospect to the 1st of August 1806, although at the time of her insurances she was not competent to pursue all the purposes of her voyage, her crew being redmced by death and casualties ; if she had a competent force to pursue any part of her adventure, and could be safely navigated home, she is to be deemed seaworthy.) Action on a policy of insurance on the ship " Vigilant," dated August 19th, 1807 ; to commence on the 1st of August 1806 ; lost or not lost ; with or without letters of marque; with liberty to chase, capture, and man prizes ; and to see and take then* into port, &c. The loss was alleged to be by the barratry of the mariners, &c. The ship left England in 1805 , she was licensed to sail without convoy , her burthen was 199 tons, with 10 guns, and 24 men. In July 1806, she had been reported safe. During her voyage she had made several prizes, and a short time before the loss, which was the subject of the present action, she had taken a Spanish vessel Her original adventure was the whale fishery, and she had taken one whale of .36 gallons ; but she had latterly desisted from this part of her adventure, and was principally employed in the seal fishery In the autumn of 1806, she had on board some Spanish prisoners. By some means, which did not appear in evidence, they were let loose; they rose upon the crew, murdered the mate, and confined the captain and sailors, with the exception of one man, wkose name was Brookson, in the steerage. The sailor, who was left at liberty, [El] appeared to be acting in confederacy with the mutineers The captain and crew, with the exception of this man, werepnit on shore on the Spanish Main, and marched up to Quito , and the mutineers ran away...
To continue reading
Request your trial
-
Corner v Shew, Executor of C. Lewis, Deceased
...Price (3 Y. & J. 28). [Parke, B. It is suggested for the defendant that the authority of these cases is doubtful ; see Ashton v. Shearman (Holt, 30!)); and it was questioned in argument in Lucy v. ffulronii (3 Hing. N. C. 841).] An executor is liable because he may debit the estate of his t......