Vallance v Dewar
| Jurisdiction | England & Wales |
| Judgment Date | 16 December 1808 |
| Date | 16 December 1808 |
| Court | High Court |
English Reports Citation: 170 E.R. 1036
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
Friday, Dec. 16, 1808. VrALLANCE v. dewar. (According to usage of the Newfoundland trade, when ships arrive on the coast they are either employed for some time in fishing (called banking) or they make aai intermediate voyage in the American seas before beginning, to take in their homeward cargo, during which they are protected by a separate policy Therefore, in effecting a policy, " lost or not lost at and from Newfoundland to a port in Europe,'' although the ship is to be employed in banking, it is not necessary to disclose the fact to the underwriters, as their risk only commences from the time when the banking or intermediate voyage ends, and they are bound to know the nature and circumstances of the branch of trade to which the policy (a) By 22 Geo III c 58, s I, a stamp duty, increased by subsequent statutes, is imposed " on every skin or piece of vellum, &c upon which any agreement shall be written or printed whether the same shall only be evidence of the contract, or obligatory upon the parties, from its being a written instrument " 1 camp. n4. VALLANCE V. DEWAR 1037 relates.-If the usage is general, it makes no difference for this purpose, that it is not uniform.) [Explained, De Wolf v Archangel. Insurance Co , 1874, L R. 9 Q B 451 ] This was an action on a policy of insurance on the ship " Courier," and her freight and cargo, tc lost or not lost, at and from any port or ports in Newfoundland to one port of discharge in Portugal, or to any port or ports in the United Kingdom." The policy was effected on the 28th of August, 1807. The " Courier " arrived at Newfoundland in June, and was employed till [504] the 13th of October in banking, or fishing on the banks of that coast. She then began to take in her homeward-bound cargo, and she sailed for England, the 22nd of December, but soon after foundered in a gale of wind. The defence was, that the underwriters had not been informed that the ship wat to be employed in banking, while at Newfoundland ; and that by the banking, their risk was greatly increased, as the policy being ' lost or not lost, at and from,' attached immediately upon the ship's arrival at Newfoundland , and even if it did not, from the delay occasioned by the banking, the voyage home was turned from a summer into a winter one. The Attorney-General, for the plaintiff, said he should give a complete answer to this defence by...
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