Stockdale and Another v Dunlop
Jurisdiction | England & Wales |
Judgment Date | 01 January 1840 |
Date | 01 January 1840 |
Court | Exchequer |
English Reports Citation: 151 E.R. 391
EXCH. OF PLEAS.
S. C. 9 L. J. Ex. 83; 4 Jur. 681. Discussed, Felthouse v. Bindley, 1862, 11 C. B. (N. S.) 877. Applied, Stock v. Inglis, 1882, 9 Q. B. D. 720: reversed, 12 Q. B. D. 564. Referred to, Johnson v. Macdonald, 1842, 9 M. & W. 602.
stpckdale and another v. DrjNr.op. Exch. of Pleas. ISiO.-Messrs. H. & Co., being the owners of two ships, called the "Antelope" and the "Maria," trading to the const of Africa, and which were then expected to arrive in Liverpool with cargoes of palm oil, agreed verbally to sell to the plaintiffs 200 tons of oil-100 tons to arrive by the "Antelope,' and 100 tons to arrive by the " Maria." The "Antelope" did afterwards arrive with 100 tons of oil on board, whioh were delivered by H. & Co. to the plaintiffs. The " Maria," having 50 tons of palm oil on board, was lost by perils of the sea. The plauitiHs having insured the oil on board the "Maria," together with their expected profits thereon:-[[eld, that they had no insurable interest, as the contract they ha I entered into with H. & Co., being verbal only, was incapable of being enforced. [S. C. 9 L. J. Ex. 83; 4 Jur. 681. Discussed, Felthouse v. Bindlfy, 1862, IL C. B. (N. S.) 871 Applied, Mack v. Inglix, 1882, 9 Q. U. D. 720 : reversed, 12 Q. B. D. ' 564. Referred to, Juhnson v. Maalonakl, 1842, 9 M. & W. 602.] Assumpsit. The declaration stated, that before the making the policy of insurance thereinafter mentioned, to wit, on the Slat July, 1838, certain persons carrying on the trade and business of merchants, under the name and style of Thomas Harrison & Co., bargained and sold to the said plaintiffs divers, to wit, 200 tons of palm oil, at a certain rate or price then agreed upott between the plaintiffs and the defendant, to ^it, the sum of JE36 per tori, to arrive by two ships of the said Thomas Harrison & Co., called the "Antelope" and the "Maria," that is to say, 100 tons of such oil by the "Antelope," and the other 100 tons by the "Maria"; and whereas also the said two ships, before the making the said bargain and sale, had been and were engaged upon i trading voyage to the coast of Africa for the said Thomas Harrison & Co., and, at the time of the making the said bargain and sale, were expected to arrive at Liverpool, id. the county aforesaid, with cargoes on board thereof respectively, composed, amongst other things, of p;ilm oil; and whereas also, after the making the said bargain and sale, to wit, on the lat of September, 18,'iS, the said vessel called the "Antelope" arrived at Liverpool aforesaid with divers quantities of palm oil on board, and the said Thomas Harrison & Co. delivered to the said plaintiffs 100 tons of palm oil there-[225]-from, in part performance of the said bargain and sale of the said 200 tons of palm oil 392 STOGKDALE V. DUNLOP 6 M. *W. 226. as aforesaid ; and the said plaintiffs further say, that, at the time of the said bargain and sale, ind of the making the said policy of insurance, the said plaintiffs had reason to expect ithat they would make divers great gains and profits, to the amount of the sum insured as hereinafter mentioned, in case the said part of the said palm oil so bargained, and sold as aforesaid, to wit, tha said 100 tons thereof to be brought by the " Maria " as aforesaid, should arrive by the said vessel called the " Maria." The declaration then averred, that after the said bargain and sale, to wit, on the 13th September, 1838, the plaintiffs did make assurance, and cause themselves to be insured, with the Defendants, lost or not lost, at and from twenty-four hours after the vessel's arrival at1 her first port and place of trade on the coast of Africa, and at and from thence to all or any ports or places on the said coast of Africa, or African islands, during her stay and trade on the said coasts and islands, with leave to proceed, &c., and thence to the United Kingdom, with leave to call, &c., upon any kinds of goods and merchandizes, and also upon the body, tackle, &c., -in the good ship called the "Maria," until she had moored at anchor twenty-four hours in good safety, &c. &c., valued at 500 on profit, free of average, and without benefit of salvage, for the sum of 150 : that, whilst the said ship was prosecuting her voyage, divers large quantities, to wit, 100 tons...
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The Same v Bateman
...they had no insurable interest, as the contract they had entered into with H. & Co., being verbal only, was incapable of being enforced. 6 M. & W. 224, Stockdale v. Dunlop.] See further as to what is an insurable interest, 11 East, 619, Stirling v. Faughan. 13 East, 274, Routh v. Thompson. ......
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