Sawtell v Loudon
| Jurisdiction | England & Wales |
| Judgment Date | 12 February 1814 |
| Date | 12 February 1814 |
| Court | Court of Common Pleas |
English Reports Citation: 128 E.R. 728
Common Pleas Division
S. C. 1 Marsh. 99
7 28 SA WTELL V. LOUDON a TAUNT. 368. where the wife's father paid for part of the goods, and [358] gave an order that no more goods should be supplied without the husband's express direction. Best in support of hie rule, commented on the strong circumstances which tended to prove that the credit was given to the wife. The husband, he said, was liable only on the presumption that the contract was hie, and that the wife had given the order as his agent. But here the Plaintiffs had notice of the husband's dissent, and it mattered riot whether that notice came from the husband himself, or from the wife's father, as in Metcalfe v. Shaw, or, as here, from the wife herself and her servant. HEATH J. At the time of the trial I told the jury that there was strong evidence to shew that the Plaintiff gave credit to the wife and not to the husband, in the three bills being accepted and paid by the wife, and in the wife telling the servant to carry away the dresses when brought home. I was much dissatisfied with the verdict. CHAMBRE J. It is clear that the verdict is grossly wrong : it is unnecessary to go o the circumstances ; the cause must go down to another trial. DALLAS J. The question is, whether the general liability of the husband is not repelled by the circumstances which shew that the credit is given to the wife. I think most clearly that the credit was given to the wife, and that the husband is liable IA no part of these charges. Rule absolute. [359] SAWTELA. V. LOUDON. Feb. 12, 1814. [S. C. 1 Marsh. 99,] A broker instructed to effect a policy on goods, effected it on ship: the mistake was afterwards rectified by the underwriter subscribing a memorandum in the margin : held that no new stamp was necessary.Where it was known at Lloyd's that the "Sophia" of Bristol was at sea without convoy, and the broker enquired of the Plaintiff at Bristol, whether that was the ship insured, and was informed it was, and that the Plaintiff supposed she had been prevented by adverse winds from joining convoy at Falmouth, but the broker got the policy altered without disclosing this answer to the underwriters; held that this concealment vacated the policy. This was an action upon a policy of insurance at arid from Bristol to Port Mahon, with liberty to touch at Gibraltar. The Plaintiff instructed his broker in London to effect the policy on goods, by the "Sophia," the broker, however, effected the policy on the ship "Sophia," arid sent it to the Plaintiff; one of the underwriters stated to the broker that a ship called the "Sophia" of Bristol, was reported at Lloyd's as then being at sea without convoy ; the broker wrote, asking the Plaintiff whether that was the ship insured 7 The Plaintiff wrote again to the broker, and having discovered the error...
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