Schneider and Another v Heath
| Jurisdiction | England & Wales |
| Judgment Date | 22 December 1813 |
| Date | 22 December 1813 |
| Court | High Court |
English Reports Citation: 170 E.R. 1462
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
Considered, Ward v Hobbs, 1877, 3 Q B D 150
Wednesday, Dec. 22, 1813. schneider and another v. heath (Although a ship be sold, " to be taken with all faults," the vendor cannot avail himself of that stipulation, if he knew of secret defects in her, and used means to prevent the purchaser from discovering them, or made a fraudulent representation of her condition at the time of the sale.) [Considered, Ward v Hobbs, 1877, 3 Q B D 150 ] This was an action for money had and received, to recover back the deposit paid upon the purchase of a ship called the " Juno," on the ground of misrepresentation and fraud on the part of the vendor The sale took place at Lloyd's Coffee-house, on the 23d of July last, when a particular was exhibited by the defendant, describing the ship in the following terms : " British built at Monkwearmouth, in 1810, for private use , 129 tons per register ; is a clever, bmrthensome, useful vessel for general purposes ; unusually well found in stores, among which are a new cable and hawser never wetted, and a large proportion of entorely new sails: the hull is also nearly as good as when launched , requiring a most trifling outfit Now lying off No. 3, Warehouse, London Docks Hull, masts, yards, standing and running rigging, with all faults as they now he " [507J After this description of the ship followed an inventory of the anchors, cables;, sails, amd ship's stores, provisions, and boats, and at the end of this inventory was t&e following declaration : " The vessl and her stores to be taken with all faults, as they now lie, without any allowance for weight, length, quality, or any defect whatever." [506J * But although a policy of insurance in general applies to the whole of the voyage specified in the policy, even where a part of it is performed before the policy is effected; yet it has been held, that if the assured have previously received a letter from the captain, in which he omits to mention an accident that had befallen the ship in the prior pert of the voyage, the underwriters are not liable for the damage thereby sustained. Gladstone v King, 1 Maule and Selw. 35. 3|AKP. MS. KEMP V. DERBETT 1463 The vessel was purchased by the plaintiff for £1580, and he immediately paid the deposit of £397, 2n , which he now sought to recover. Having taken possession of her, he sent her to a shipwright's to be...
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