Robertson v French

[130] bobertson and thomson against french. Monday, June 27th, 1803y Where by a policy of insurance ship and goods were insured " at and from all' and every port, &e. on the coast of Brazil, and after the 17th September to the Cape of Good Hope, beginning the adventure upon the goods from the loading thereof aboard the said ship at all or every port, &c. on the coast of Brazil, and from the 17th September 1800; and upon the ship in the same manner," with liberty to sail to, &c, any places backwards or forwards under the Portuguese Government, &c. at a premium of four guineas per cent, to return 31. 10s. should the ship have arrived or the risk have otherwise ceased on or before the 17th of September: Held that the policy only attached on the homeward-bound cargo, laden on board a^t the coast of Brazil, and did not cover a cargo originally taken in at the Cape of Good Hope, and which continued on board after the 17th of' September, while the ship was on the coast of Brazil, and after she left it on her return to the Cape. Neither did the policy cover the ship itself, which was insured in the same manner as the goods. "Policies of insurance are to be construed by the same rules as other instruments, unless where, by the known usage of trade, or the like, certain words have acquired a peculiar sense distinct from their ordinary and popular sense. In an a-ction on a policy, the property of the ship may be proved by parol evidence of the possession of the assured, unless disproved by the production of the written documents of the ship under the Register Acts. And held that such parol evidence of ownership, arising from possession at a particular period, was not disproved by shewing a prior register in the name of another and a subsequent register to the same person. [Approved, Hart v. Standard Marine Insurance Company, 1889, 22 Q. B. D. 501; G-lynn v. Margetson [1893], A. C. 357; Great Western Bail-way v. Carpalla China Clay Company [1908], 1 Ch. 237.] ò This was an action on a policy of insurance (a), effected by the plaintiffs as agents, "lost' or not lost, at and from all, any, or every port and place where and whatsoever on the coast of Brazil, and after the nth day of September to the Cape of Good Hope, upon any kind of goods and merchandizes, and also upon the body, &c. of the ship ' Chesterfield/ &c.; beginning the adventure upon the said goods and merchandizes from the loading thereof aboard the said ship, at all, any, or every port and place where and whatsoever on the. coast of Brazil, and from the 17th day of September 1800 and upon the said ship, &c. in the same manner; and so shall continue and endure during her abode there upon the said ship, &c. and further until the said ship, (a) The words in italics were written, the rest of the policy set out was in the usual printed form. 78,0. .. ROBERTSON V. FRENCH 4 EAST, m. &c. and goods, &c. shall be arrived at Simon's Bay or Table Bay, loth or either, liberty to call at St. Helena or elsewhere, upon the said ship, &c. and upon the goods, &c. until the same be there discharged, &e. And it shall be lawful for the said ship, &c. in this voyage to proceed and sail to and touch and stay at any ports or places whatsoever, particularly backwards and forwards, [131] and to and from those under the Portuguese Government, or any port, place, island, or elsewhere on the coast of South America, without being deemed any deviation, and without prejudice to this insurance. The, said ship, &e. goods, -&c. valued at 15,6801., being upon goods, ship, and freight separately valued as under. And in case of capture, detention, or seizure, by any Power, whatever, to pay a total loss upon receiving documents of her being carried into port, and without inquiry into the regularity or irregularity of her proceedings; and with liberty to sell, barter, exchange, load, or unload the interest in part or whole at the island St. Catharine, or elsewhere, where and whatsoever. Touching the adventures and perils, &c. [This part of the policy was in the common form.] At the rate of four guineas per cent., to retnrn three pounds and ten shillings should the ship have arrived, or this risk otherwise have ceased, on or before the \lth of September. In witness, &c." At the bottom of the policy, the goods were valued at 13,3161.; ship at 15501.; and freight at 8141. The plaintiffs declared as agents of Robertson and Walker, upon a loss by the arrest and restraint of the King's ships. And at the trial (a) before Lord Ellenborough C.J. at the sittings after last Hilary term, at Guildhall, it was admitted that the goods were of the value insured, and had been put on board the ship " Chesterfield," at the Cape of Good Hope. Much of the evidence turned upon the question, whether the object of the voyage were to trade with the Spanish settlements in South America; Spain being then at war with [132] this country 1 or, whether it were only in contravention of the trading laws of Portugal? But nothing turned upon that point in the case as presented for the consideration of this Court. It is sufficient to state, that after the cargo had been taken in at the Cape of Good Hope, the ship went from thence, on the 7th of February 1800, to Benguela, on the coast of Africa, and afterwards to St. Catharine's on the coast of Brazil, on...