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,...
To continue reading
Request your trial
-
1) Iiyama (UK) Ltd and Others v 1) Samsung Electronics Company Ltd and Others
...were a single economic undertaking for the purposes of Article 101; (5) the conduct of D2 to D4 was in accordance with policies set by D1; ( 6) D2 to D4 were aware of the cartel throughout the period it operated and participated in and implemented the cartel arrangements; (7) the Commission......
-
Aleksej Gubarev v Orbis Business Intelligence Ltd
...for national security (such as Strobe Talbott), who were likely to share the information with others, in addition to the FBI; ( 6) D2 knew that the FBI was conducting a serious investigation into the detailed allegations in the reports provided to them and so informed the media which gave t......
-
Eriden Properties Llp V. For Judicial Review Of The Grant By Falkirk Council On 1 November 2006 Of A Hazardous Substance Consent
...and provided that they are compatible with the regeneration of Grangemouth Docks, Town Centre or Bo'ness Town Centre". [25] The report then at 6d.2 continues: "The proposal would support the established chemical industry in Grangemouth to the extent that it would maintain the status quo whi......
-
Tosich v Tasman Investment Management Limited
...Conveyancing Act 1919 (NSW), s 12 Corporations Law, Ch 5C, s 9, ss 601ED, 601FB, 706, 708, 709(4), 715, 724(1), 728, 728(1), 765(1) 851, Pt 6D.2, Pt 7.11 Corporations Act 2001 (Cth), s 1317K Federal Court of Australia Act 1976 (Cth), s 59(2B) Insurance Contracts Act 1984 (Cth), s 40, s 58 L......
-
Product Design and Distribution Obligations - ASIC Consultation and implications for fund managers
...Statement (PDS) in accordance with Part 7.9 of the Corporations Act; securities for which a disclosure document must be prepared under Part 6D.2 of the Corporations Act (however this excludes ordinary shares); and financial products under Division 2 of Part 2 of the Australian Securities an......
-
Crowd sourced funding soon to become a reality
...does or does not apply to the issuer cap. A distinction is made between offers made and funds raised. CSF offers and disclosure documents Part 6D.2 provides that disclosure requirements for investors will be waived and replaced by new requirements. It also covers how CSF offers can be made,......
-
ASIC Regulatory Guide 274: ASIC finalises its views on design and distribution obligations (DDO) of financial products
...schemes, general insurance and interests in superannuation funds). Securities for which disclosure documents must be prepared under Pt 6D.2 of the Corporations Act (e.g. hybrid except for ordinary shares. Products that are not regulated under Pts 6D.2 or 7.9 of the Corporations Act, but are......
-
Competition & Consumer Law - What's News - 1 March 2017
...liability - prohibition on offering securities under s 727(1) and (2) without disclosure document being lodged if disclosure required under Pt 6D.2 - whether alleged accessory without actual knowledge that offer required disclosure capable of being found to be knowingly concerned in princip......
-
Table of cases
..., 770 S.W.2d 953 (Tex. App.—El Paso 1989, no writ), §40:5.D.3.b Limestone Prod. Distrib., Inc. v. McNamara , 71 S.W.3d 308 (Tex. 2002), §§1:6.D.2, 30:2 Lim v. Offshore Specialty Fabricators , 404 F.3d 898 (5th Cir.), cert. denied , 546 U.S. 826 (2005), §9:1.C.3 Lindow v. United States , 738......
-
Index
...objections or quibbling, §40:6.D.3 Impermissible responses deemed admissions, §40:6.D.3 Objections, §40:6.D.4 Permissible responses, §40:6.D.2 Preliminary statements, §40:6.D.3 Qualified admissions, §40:6.D.3 Sanctions, §40:6.D.1 Scope and purpose, §40:6.A Signed, not verified, §40:6.D.1 Ti......
-
Table of cases
..., 770 S.W.2d 953 (Tex. App.—El Paso 1989, no writ), §40:5.D.3.b Limestone Prod. Distrib., Inc. v. McNamara , 71 S.W.3d 308 (Tex. 2002), §§1:6.D.2, 30:2 Lim v. Offshore Specialty Fabricators , 404 F.3d 898 (5th Cir.), cert. denied , 546 U.S. 826 (2005), §9:1.C.3 Lindow v. United States , 738......
-
Index
...objections or quibbling, §40:6.D.3 Impermissible responses deemed admissions, §40:6.D.3 Objections, §40:6.D.4 Permissible responses, §40:6.D.2 Preliminary statements, §40:6.D.3 Qualified admissions, §40:6.D.3 Sanctions, §40:6.D.1 Scope and purpose, §40:6.A Signed, not verified, §40:6.D.1 Ti......
-
Consolidated Reports of Condition and Income for a Bank with Domestic Offices Only and Total Assets Less than $5 Billion
...RCON Amount 3381 1. B558 2. 3. B559 B560 3365 4. 5. 3360 6.a. 3465 3466 3387 6.b.(1) 6.b.(2) 6.c. B561 6.d.(1) B562 6.d.(2) 3484 3368 8. 9. 3485 10. B563 HK16 HK17 3353 11.a. 11.b. 11.c. 12. 3355 13. Memorandum Dollar Amounts in Memorandum item 1 is to be completed by: • banks with $300 mil......
-
Consolidated Reports of Condition and Income for a Bank with Domestic Offices Only and Total Assets Less than $5 Billion
...RCON Amount 3381 1. B558 2. 3. B559 B560 3365 4. 5. 3360 6.a. 3465 3466 3387 6.b.(1) 6.b.(2) 6.c. B561 6.d.(1) B562 6.d.(2) 3484 3368 8. 9. 3485 10. B563 HK16 HK17 3353 11.a. 11.b. 11.c. 12. 3355 13. Memorandum Dollar Amounts in Memorandum item 1 is to be completed by: • banks with $300 mil......
-
Consolidated Reports of Condition and Income for a Bank with Domestic Offices Only and Total Assets Less than $5 Billion
...RCON Amount 3381 1. B558 2. 3. B559 B560 3365 4. 5. 3360 6.a. 3465 3466 3387 6.b.(1) 6.b.(2) 6.c. B561 6.d.(1) B562 6.d.(2) 3484 3368 8. 9. 3485 10. B563 HK16 HK17 3353 11.a. 11.b. 11.c. 12. 3355 13. Memorandum Dollar Amounts in Memorandum item 1 is to be completed by: • banks with $300 mil......
-
Consolidated Reports of Condition and Income for a Bank with Domestic Offices Only
...RCON Amount 3381 1. B558 2. 3. B559 B560 3365 4. 5. 3360 6.a. 3465 3466 3387 6.b.(1) 6.b.(2) 6.c. B561 6.d.(1) B562 6.d.(2) Item 7 is to be completed by (1) banks that reported total trading assets of $10 million or more in any of the four preceding calendar quarters and (2) all banks meeti......
-
Inland Post Regulations 1967
...(i) For one visit, on seven or fewer days of the week £7s. 6d. (ii) For each additional visit, on seven or fewer days of the week £7s. 66d. (2) For each subsequent full year The fees chargeable under (1). (3) For a subsequent part only of a year A rateable proportion of the fees chargeable ......
-
Inland Post Regulations 1968
...(i) For one visit, on seven or fewer days of 7s. 6d. the week (ii) For each additional visit, on seven or fewer days of the week 7s. 66d. (2) For each subsequent full year The fees chargeable under (1). (3) For a subsequent part only of a year A rateable propor- tion of the fees chargeable ......
-
Education (Budget Statements) (England) Regulations 2002
...entered for the matter referred to in note 1.4.2 relating to the funding of Sixth Form pupils with statements of special educational needs. (6d.2)(6d.2) Enter here for columns (b), (c), (e) and (f) the part of the amount entered for the matter referred to in note 1.4.8 relating to the fundi......
-
Barnsley Corporation Act 1949
...Pigs (large) 12 to 15 stones Pigs (large) side J. ^ \y •M ft n-- ! * ft 3 3 3 3 3 0 3 3- per week or part thereof with a minimum charge of 6d. 2J i ^ ^ LAIRAGE T For the u s ^ f f l f i ^ ^ f e v e r:vy 24 hours or part thereof the firftJl&Sgffi8r 'i v^-^-- L " ' .' h each s. d. 1 0 6 W-! B......