Ridsdale and Others v Shedden
| Jurisdiction | England & Wales |
| Judgment Date | 24 December 1814 |
| Date | 24 December 1814 |
| Court | High Court |
English Reports Citation: 171 E.R. 35
KING'S BENCH AND COMMON PLEAS
[107] Saturday Dec. 24, 1814. RlDSDALE AND OTHERS V SHEDDEN. (A policy of insurance containing a warranty that the ship shall sail on or before a giren day, may be altered, pending the risk, by a memorandum, whereby the underwriters in consideration of a further premium agree to cancel the warranty, and to make a return of premium if the ship sail with convoy, A ship insured is to be considered as having sailed with convoy from a particular port, if she joined the convoying ship, and received sailing instructions within the lirnita of the port, although the latter ship dropped down 15 leagues from the place of loading with the greatest part of the fleet, several days before the ship insured, she being detained with some other ships for want of pilots.) This was an action on a policy of insurance, dated 5th June 1810, originally effected on the ship " Essay," " at and from Portneuf to London, warranted to sail on or before the 28th October, at six guineas per cent, to return 3 per cent, for convoy." On the 29th November 1810, the following memorandum was indorsed on the policy, and subscribed by the defendant : " In consideration of six guineas per cent, additional premium, we agree to annul the wairanty of sailing, and agree to return said 6 per cent, if sails with convoy on or before the 31st October." Topping, for the defendant, made a preliminary objection, that the policy as altered could not be read for want of a fresh stamp. The memorandum constituted an entirely new contract between the parties The consideration and promise were completely changed , and if this alteration were permitted, the same policy might be appted to any future voyage the ship might perform Lord Ellenborough.-I think this alteration ia justified [108] by 35 Geo. III. c. 63, s. 13 The policy is still on the same adventure, and its mdentity remains. The memorandum only modifies a subsisting contract. Then the alteration was made, " before notice of the determination of the risk originally insured " ,-" the thing insured remained the property of the same persons " ; -and " no additional sum was insured by means of such alteration" (a). Portneuf is a place on the river St Lawrence, about 36 miles above Quebec. The " Essay " having completed her lading at Portneuf, sailed from thence on the 26th of October. There is no custom-house there, and all vessels must clear at Quebec that...
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The Same v Bateman
...373, Hill v. Patten. Ibid. 273, Kensington v. Inglis (in error). 4 Taunt. 169, Hubbard v. Jackson. 1 M. & S. 217, Robinson v. Touray. 4 Camp. 107, Ridndale v. Sheddm. 5 Taunt. 359, Sawtell v. London. 1 Marsh, 99, S. C. 1 Stark. 336, Robinson v. Tobin. 5 M. & S. 267, Ramstrom v. Bell. 2 B. &......