The Express.
London, England, 1852-12-18 00:00:00

COURT OF EXCHEQUER.

&Tram AT OVUOTIALL Arms Iticaatuou Tam, emu ram
LSD CUM BATOR APO •/PTI.TAL JO/T.

ANDIMION e. THURNSON.—SHIP
SANT CASZ.

This was an motion to recover the mum of 11,6001., being
the 'MOUS% of Mulroney effected upon the ship Samna
Hicks, on her voyage from Baltimore to London, the de-
fendant being the underwriter at Lloyd's, and the plaintiff
a member of the firm of Allen, Anderson, and Co., provi-
sion merchants in the city. The defendant pleaded that he
had beg Bedewed to underwrite the vessel in mosequence
of soluepresestations, concealment of material facts, and
fraud.

Tha Solieitor-General, Mr. Crowder, Mr. Hugh Hill,
and Mr. Arnold, instructed by Mears. C. sad J. A.
Morgan, appeared for the plaintiff; and the Attorney-
General, Mr Waimea, Mr. Keating and Mr. Doerdeetrell
instructed by Mr. J. Leigh, conducted the ease for the de!
finsdaaL

---It appeared from the plaintiff's ease that the Samuel
Hicks kit the quayat Baltimore on the sth of January,
1860, with a general cargo of provisioev, consigned princi-
pally to Messrs. Allen, Anderson, and Co., the plaintiffs. In
consequence of adverse winds the ship did not reach the
open sea which is about 160 miles from Baltimore, until the
12th of January, and the average time occupied in the voy-
age from there (the Capes) to the More is about 45 days;
but she was never heard of more. The plaintiff received
on the 4th of February a letter, dated the 21st of January,
from his agent in Baltimore, stating that the Samuel Hicks
had salad from the Capes for England on the 12th January.
The weather was very tempestuous at that time. In the
month of January there was an account in a newspaper
filed at Lloyds of the clearing, outwards of the Samuel
Hicks, from Baltimore, on the 2nd of that month. A mail
arrived on the 18th of February from Baltimore, giving ac-
counts up to the 4th of that month, and the plaintiff, being
alarmed at sot receiving any intelligence of the ship by that
mail, Memel: mod Mr. Harper Powell, so insurance broker,
on the 19th February, to effect an insurance of the cargo on
board the Samuel Hicks to the extent of 5,6001., if he could
do so at • premium of 40s. per tent. After some negotia-
' lion, the defendant wrote that sum on the 19th. An insur-
ance of about one-half of the cargo had already been effected
in America, and the value of the uninsured goods consigned
to the Plaintiff's house was upwards of 11,0001. On the
20th of February the plaintiff instructed Mr. Powell to
effect a further insurance of 6,0001., if he could do so at a
premium of 60e. ; and the defendant also underwrote for
that sum, making the amount of the insnranee which be
had taken 11,5001., the sum now sought to be recovered.
The defendant, however, declined to write a further risk
under a premium of 60e , which was pnid by the plaintiff.
The 20th of F. broke arm on a Weduesday, and on the
following Friday thi plaintiff met a Mr. Phillips on
'Change, who was also interestsd in part of the cargo of
the Samuel Hicks, and be (Phillips) told him that infor-
mation had reached Lloyd's that some lard and other pro-
visions had bees picked up iu the Atlantic in the probable
trash of that vessel. The plaintiff then went to Lloyd's,
but could not get any iatelligenee of the kind. He was
subsequently told that the information was conveyed
through a paragraph which appeared in the A'ere York
Shipping Onzette of the tad of February, and nn examin-
ing that paper, which was regu'arly scut to his office, he
found a paragraph of which the following is a copy
" Brig Edinburgh, at Holme'a Hole, '26th ult., reports—.
Night 18th, about let. 37, lon. 70, had a hurricane, which
limited eight hours. 21st. Lat. 37.41, lon. 69.15, passed
large quantities of barrels, half-barrels, and kegs of lard,
and a yawl bottom up; picked up two barrels, five half-
barrels, and two kegs of lard."
The newspaper in question had been in the plaintiff's
counting-house for some days, but he had not examined it ;
and he stated in the witaese-box that he had never been
accustomed to look to it for accidents end disasters at sea,
and that he was in total ionoraace of its containing the
I paragraph until Mr. Phillip* had informed him of the fact.
Halt-barrels of lard plaintif also said were unusual pack-
ogee, sad he was eonsequattly induced to examine his
freight list, which he had not looked at before, when he
found that such packages had been shipped on board the
Samuel Hicks. The original invoices of the goods shipped
were made out six weeks before the sailing of the 'vessel ;
but when plaintiff was about to effect the insurance, be
instructed his clerks to ascertain the value of the rods lity
the market prima at that time, when it was ascertained gut
the goods had risen is prime by about 20 or 25 pet mat.
The plaintiff (Kr. likdereos) and Mr. Harper Pews!'