M'Loskey v Glasgow and Clyde Marine Insurance Companies
| Jurisdiction | Scotland |
| Judgment Date | 04 August 1843 |
| Date | 04 August 1843 |
| Docket Number | No. 2 |
| Court | Court of Session (Inner House - Second Division) |
Lord Justice-Clerk. Jury Cause.
Proof—Insurance—Ship—Process—Jury-Trial.—
THIS was an action on certain policies of insurance at the instance of M'Loskey and others, owners of the ship ‘New Zealand,’ against the Glasgow Marine Insurance Company, and the Clyde Marine Insurance Company, underwriters, as for a total loss.
The New Zealand sailed from Greenock for New Orleans on 26th November 1841. She was accompanied by Adams, one of the pursuers, as pilot, as far as the Cumbraes. Soon after he left the ship, the weather became thick and hazy, obscuring the land and lights, which led to the vessel getting out of her course, and ahead of the position in which she was supposed to be by the master. The vessel next morning ran ashore in Cushendean Bay, on the north coast of Ireland, where she was wrecked. The present action was then raised by the owners on the policies of insurance.
The action was resisted by the defenders on two grounds, First, That the crew of the vessel were drunk and inattentive to their duty; and, Second, That the compasses were inaccurate, and unfit for the use of the vessel.
The following was the issue for trial:—
‘It being admitted, that on the 6th day of November 1841, the defenders, the Glasgow Marine Insurance Company, granted the policy of insurance No. 6 of process, and that on the 25th and 29th days of the said month and year the defenders, the Clyde Marine Insurance Company of Glasgow, granted the three several policies Nos. 7, 8, and 9 of process, whereby, in consideration of certain premiums paid by the pursuers, a certain vessel named the “New Zealand,” the property of the pursuers, was insured by the defenders against the perils stated in the said policies on a voyage at and from Clyde or Greenock to New Orleans, while there, and thence to a port in the United Kingdom, to the amount of the sums attached to their names in the schedule hereto annexed, amounting in all to the sum of £3900:
‘It being also admitted, that on the 3d January 1842, the defenders, the said Clyde Marine Insurance Company, granted the policy of insurance No. 10 of process, whereby, in consideration of a certain premium paid by the pursuers, certain goods, the property of the pursuers, shipped by the pursuers on board the said vessel on the voyage above mentioned, were insured by the defenders, the Clyde Marine Insurance Company,...
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