May and Others v Christie
| Jurisdiction | England & Wales |
| Judgment Date | 01 July 1815 |
| Date | 01 July 1815 |
| Court | Court of Common Pleas |
English Reports Citation: 171 E.R. 163
IN THE COURT OF COMMON PLEAS
HOWffT. MAY V. CHRISTIE 163 [67] July 1, 1815. may and others v. chbistie (Where the assured claims and receives the return premium due upon the arrival of the vessel, and the policy is adjusted upon that footing, he cannot, without an express stipulation, resort again to the underwriter in any contingency of the adventure.) Action upon a policy of insurance ou goods on board the '" Jonge Anthony," from London to Amsterdam or Rotterdam , the policy was effected at fifteen guineas per cent., two to be returned on arrival The vessel had been seized by the Dutch government; but upon the plaintiff's agent entering into a bond to the Attorney-General of the Dutch government, that in case the goods should be confiscated the bond should be in force, she was liberated In July 1810 the ship and cargo were condemned , and the plaintiffs were called upon to satisfy their bond, which they accordingly did After the arrival of the vessel, and before the condemnation, the plaintiff's broker applied to the defendant for the return premium of five guineas, which he immediately paid ; his initials were put to the policy in the usual way, to signify that it was adjusted, and then struck out The bond was mentioned to him material for tempering steel, which was rubbing it with tallow, and for want of that Lord Mansfield (Bull N. P. 76) held the patent void. In The King v. Arkwright, which was a scire facias to repeal a patent, Buller, J. lays down these rules ò-1 A man, to entitle himself to a patent, must disclose his secret, and specify his invention, in such a way, that others of the same trade, who are artists, may be taught to do the thing for which the patent is granted, by following the directions of the specification, without any new invention or addition ot their own -2. He must so describe it, that the public may, after the expiration of the term, have the use of the invention in as cheap and as beneficial a way as the patentee himself uses it; and, therefore, if the specification describe many part of an instrument, or machine, and the patentee himself uses only a few of them, or does not state how they are to be put together, or used, the patent is void -3. If the specification be in any part of it materially false and defective, the patent is against law, and cannot be supported. Bull. N P. 77. When it appears that the patentee has made a full and fair...
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