The Express.
London, England, 1849-11-14 00:00:00

COURT OF QUIENS BlDlCH.—YvrrespAy.

811/111114 012•0711.—W1•1, t• 11111A-WOUTRINISS •NDIlt •
TOM POLICY or Insuadsecn.
Thin wee as sake ea a vile, on the ship Susan, effected
by the defendant, ono of the underwriter,. The declaration
errs on a time policy fee a year from September ISO, to
September, 1814. By ono of the pleas it was alleged that at
the commencement of the risk the ship we' not seaworthy.
At the time of making the policy die see el was in the
Indian Sew and about the bmianiag of September she
sailed from linden for the Mauritius. In the eosins of her
voyage she put into Tfncomalm, but did not enter into the
awe harbour. on account of her being thereby liable to qua-
rantine, and left after mimic's' one day. She wita at Obit
time much strained, and let In water fast, but neverthekaa she
put back at once to Madras, mid lay them in the open road-
stead. A survey wee held upon her inconsequence of the leak
increasing, malt was decided that she shoat proceed to
Coring*, which was a pleas where she could be easily re-
paired. la the coma of her voyage thither she encountered
severe weather, sad an attempt wee made to eat away her
mainmast, which went by the board, sad injured the
mina, which, together with the forstopmest were lest.
She was unable to make txtringe, bat put into Mssalipatam,
where she was again surveyed, and at was bead that the
repairs she required were so great that they maid net he
made at that port, and eke wee Mealy said he 15001. The
plaintiff gays notice of ehamiestment, end skimmed for • total
lance. The ease was trial leen Mr. Julies Wightnten,
when a verdict wee tonal he the defendant. A rale had
bean obtaimil to 'hew caw why jarlimmnt &Saki act he
entered for the plaintiff sea isb.taaW
Mr. J. Wade now skewed eanes, tact arowlisineitil it would
probably be contended to sawn tithe mks, that warranty
of mairorthiams, Wagh implied to abet pollee. wee not
implied be *lobs time, end Iket muff leek waneaty was
implied in time palsies, is map minedeil r them when the
alb kft some pert beim the polity semsesneed. Both
these eignmente wean Amid an the Mee that this war.
natty was kepis' is oeillesey mem bestow the owner was
supposed to knew the Meted the meal, whereas a policy
for time may semsees whom be amid ham no twat know-
ledge, which was • hesaidp whisk the law would not
imply. If this were se the same would apply to
many other policies where the swmmlan as somas of know-
ledge, sad if it was appikable Whig SIM wee no know-
ledge with regard to esawarthinessr a fieffeei, abs rule mast
apply to mesa wises, *are wan no mum el making • ad,
seaworthy. Ileasemeinese wee gmenelig imileadd.ttatrZ
on the "mad that Meanses lea wrest
the subiect matter amok .merest Anil he is • se;tala
state--nemely, capable of waking a mese when the risk
commoner, and it does net Wen en See evade% lambdas oi

seaworthiness or his sums of hi at W slip 111111;irrtili•
If seaworthiness in adm pitkisy was nay in abet a 11111 t•
rimy that the ship was Is goad sandals at the bet pat sks
left, the question UM, whet was no bat poste wafter I
at which she took in bar asps, sr that at valet is list
loaned. If the law donated km fin piemaisa
that • vassal ant be seaworthy when the dit antniswen
a variety of quoting would les involved and ant Ina,
tainty Man
Mr. flerjesset Eke (with whom was Kr. Unthank), la
nppert of the ralo. send that it was ad min to nand
that this quails abseil la dialed at no pent gnaw-
Inge of wassawardslinis by tits man* bat as to window I
was vosomble M bar Us ma implied warranty a melt at
nub haffelsign The words " 'mainmast of de"
meat So nit Oda indirwritar. ateawaralasis aineetho
suss thimg h all plain sad was to be ossalnisd se navi-
gability is a ship at the *as she was modal to be navi-
gated. In tine polkas, as In voyage pension • chip ao"
on ly,b • seaworthy when she to ita, sad *is was so MK
not only by English aathaAt bat by all brags whine.
insuranc'.
The Coat took thee to melds' that julinisaL