Shee against Clarkson and Others
| Jurisdiction | England & Wales |
| Judgment Date | 29 June 1810 |
| Date | 29 June 1810 |
| Court | Court of the King's Bench |
English Reports Citation: 104 E.R. 199
IN THE COURT OF KING'S BENCH
J2 EAST, 507. SHEE V, CLARKSON 199 [507] shee against clarkson and others. Friday, June 29th, 1810. The broker effecting a policy, being the common agent of the assured and of the underwriter, while the premium remains in his hands for the one party, and the policy for the other; and having received notice of events which entitled the assured to a return of premium before action brought by the underwriter to recover the full premium; is authorized to deduct such return, and only to pay over the difference to the underwriter, The plaintiff, an underwriter, brought assumpsit against the defendants, policy brokers, to recover a balance of 5411. 10s. Od. due to him for premiums of insurance on divers policies subscribed by him. The defendants pleaded the general issue, gave notice of set off, and paid into Court 3351. 10s. 6d.; and at the trial in London before Lord Ellenborough C.J. a verdict was taken for the plaintiff for 2051. 19s. 6d., subject to the opinion of the Court on the following case. The plaintiff in 1808 had subscribed policies of insurance which the defendants had effected as brokers, the premiums upon which amounted to 5591. 10s. Od., and had also settled and signed upon policies subscribed by him for them adjustments for returns of premiums amounting to 181., leaving a balance due to the plaintiff of 5411. 10s. Od.; for which this action was brought. The defendants insist that they are entitled to deduct or retain out of that sum, the sum of 2051. 19s. 6d., being the amount of deductions for short interests and stipulated returns of premiums for convoy upon the same policies, for the premiums on which this action was brought, and which policies had always remained in the defendants' hands, and had not been handed over to their principals. There was no evidence that the defendants had received the premiums from their principals, nor was there any evidence that the defendants had credited their principals with returns of premium for convoy and short interest claimed by them. The plaintiff has allowed the defendants in account all the returns on policies upon ships [508] and goods in which they were personally interested, and also all the returns on policies which have been adjusted; and the set off or deduction claimed of 2051. 19s. 6d. in dispute arises upon policies subscribed by the plaintiff, which the defendants have effected as brokers...
To continue reading
Request your trial
-
J A Chapman & Company Ltd v Kadirga Denizcilik ve Ticaret as
...Litsion Pride, TheUNK [1985] 1 Ll Rep 437. Loraine v ThomlinsonENR (1781) 2 Dougl 585; 99 ER 369. Shee v ClarksonENR (1810) 12 East 507; 104 ER 199. Tyrie v FletcherENR (1777) 2 Cowp 666; 98 ER 1297. Universo Insurance Co of Milan v Merchants Marine Insurance Co LtdELR [1897] 2 QB 93. Marin......
-
Heath Lambert Ltd v Sociedad de Corretaje de Seguros
...10 Br & 329; 109 ER 472. Prentis Donegan & Partners Ltd v Leeds & Leeds Co Inc [1998] CLC 1132. Shee v ClarksonENR (1810) 12 East 507; 104 ER 199. Universo Insurance Co of Milan v Merchants' Marine Insurance CoELR [1897] 1 QB 205. Insurance — Reinsurance — Payment of premium — Cause of acti......
-
Yeats and Another v Pim and Another
...the bankruptcy, was not adjusted till after the bankruptcy. See likewise WienkoU v. Roberts, 2 Camp. 586. The case of Shee v. Clarkson, 12 East, 507, was the next case which occurred, and which, on the first view, seemed to extend the rights of the broker beyond what had hitherto been consi......
-
Koster and Others, Assignees of Swan, (Bankrupt), against Eason
...that in case of loss they should be entitled to act in all respects as his (a) 1 T. E. 112. (5) Ibid. 285. (c) 2 Camp. N. P. C. 586. (d) 12 East, 507. 2M.&S.119. CRANLEY V. HILLARY 327 creditors, and that they should be considered as giving him credit upon the policy at their own risk, and ......