The British Press; or, Morning Literary Advertiser.
London, England, 1819-07-24 00:00:00

these words " sell, barter, and exchange," standing
in the instrument, gave full permission to trade, even
without any express mention of trading, and that
accordingly the Plaintiff was entitled to a verdict.
The policy was then put in and read ; after
whicht—
Mr. Davison was . called and examined. Is
en underwriter at Lloyd's; underwrote the policy
►n question ; has settled for his •hare of the loss;
rather thinks the only alteration introduced into
the policy since he signed it coletists iii the witeds
•' and trade," and that the words " sell, barter,
end crehenge," were in it before.—[The policy was
then handed to wittiest'. owl he exemmert itl —l4 ac.
quitted with the itand-writing of Mr. Dl•Culleut.
and believes the initials at the geoid* " rod trade"
to he his.
('roe-exantined.—Vias not present at the time
Mr. M'Cullatin wrote his initials ; witness
retied his at that palace.
Ite-ezninined.—The trade to Africa is a known
trade; the general calculation of the length of a
voyage there and back is from ten to fourteen
mouths.
Mr. Serjeant Inns, for the Defendant, argued
that the fact of the words sell. barter," &c.
nig been introduced previously to the execution of
the policy, was supported °illy by the slightest
species of evidence; that the other interlinration.
"and trade," firestone in consequence most mate-
rial ; that it was admitted it had taken place after
the 'emotion of the policy ; and he should call
witnesses to prove that the initials of Mr. M'Cul-
lows bed been procured on fraudulent and false re-
presentations; that he immediately slier wished to
expunge these, but that the Plaintiff switched up
the policy and walked away ; and therefore sub-
mitted that his client was not bound by what he
had done untkr such circumstances.
Mr. Browne was then examined.—Underwrote
the policy in question for Mr. Saunderson. an ac-
count of Simmons and Coates, on the 11th February.
He represented she was going front Liverpool to
Africa, and back, with a cargo of palm oil ; he said
she was only to go to one port ; he did mat thaw his
letter of ',icier.; witness was well acquainted with
the African trade ; on the 12th, as he was coming
up to the table at Lloyd's, between twelve and
one o'clock, found Mr. Sanoderson standing at
the end of the table; Mr. Parker, who had also
underwritten the policy. Was sitting at the table, and
M►. M'Cullam standing at his right. Mr. 111•Cul lam
immediately asked willies•, if he intended to give
liberty to trade. Ile replied in the negative, At
that time the policy was lying on the table. and be-
lieves both Parker's and M•Csllum's initials had
been put to it. Mr. Saunderson epithet' to witness to
write his; he declined, on which Mr. Parker said lie
had been deceived, and immediately ran his finger
through his name. Mr. Parker'.' words were,"%un-
dersou, you have deceived me." Mr. M'Cullem en-
deavoured to lay hold of the policy, but Mr. Satin-
demon took it up, and went away. Mr. MiCullain
had dissented from giving his initials; witness pro-
posed to Mr. Saundersou to return the policy, and
put him in the same situation as if he had not written
it ; thinks, bot is not certain, that Mr. MiCullam
did the same. It takes a considerable time t. col-
lect a cargo of ivory and gold dust. as a ship is
obliged to go duwu the whole of the niudword
coast; but always understood that palm oil is col-
lected by the Chiefs in large quantities, and that
a cargo of it may he loaded ut one port ; can't say
whether the words •' sell, baiter. kind exchange,"
were in the policy when he• signed it or not.
Cross-examined—There is an action pending by
the same party mgaitist Siinn ttttt s on the ramie ac-
count. Certainly did not consider the voyage to
he a baiter one ; the words ‘. sell," &c. might
have been in the policy when he signed it. and
escaped his notice, being in such small writing,
and his sight not being good. There was no ex-
planation given of how Mr. Pinker had been de-
ceived.

Mr. Parker exansined.—Looked at the policy.
and stated the initials to be his ; when
Mr. Saunderson asked lino to odd them. he in-
quired had the other miderwriters agreed to do the
Taro••. as lie (witiles,) had not much knowledge of
the business hiinsell? Mr. Stutirlerson replied
they had, and then he gave them. At the moment
another of the noderwriters twhom hr since knows
to be Mr. Brown. 1 came up, and being asked
to give his minds, objected, on which witness
put his pen across his (ion initials ; the Defen-
dant endeavoured to get the policy to do the
same, but was unable, Mr. Sauntlersoti switch-
ing it up, and walking away.
Mr. Fran. P. Rimier ail insurer at Lloyd's, in
the castle box wi-li Mr. NPCiallaui ; has nothing to
do with the policy the sobj.et of the actioo. Re-
collects Plaintiff coining to Di-Piot:tot to sign his
tonne to the wools •' and trade;" lie observed that,
lii fact, the vessel was hot to trade, but !het her
°wore desired die change. Defeeirldiit took the
policy, and wrote his initials; Mr. Browne then
come up. Defendant said, " Bruwur, du yUil in-
tend to allow thew to trade ?" Mr. firoape
No, he would hot. The policy was then lyb‘g be-
lore Mr. Plilliker, Sind the latter said lie would not,
that he had hero deer cii, and rulibed out his
Douse. Mr. M'etilltna said. will taut either,"
on a hicli 111.. Saunderson took up the policy, used
went uway„ • •
A.r. J. Sautolrrion trantined.—ls not nue of the
parties in the :setting ; is very well at (painted with
the Af.ocrin wide effected an insurance on this
vri)• ship al the lime, at 6 per cent. If be was told
die .hip was going out to one port of Africa, to
get a cargo paint oil, would understand try' that
that she was to trade to oilier porta.
It %liveried Ruin a letter to the wrote of lla/ ves-
sel, written the ma) bef..re the policy bad been rue-
cooed, that the words " sell, barter. and ex-
chat.ge," lola been committed in the original draught
of the policy, and omitted at first by mistake.
Ti- Jury found a verdict 1.,,r the Platabial.
The. Sittings, irrinionieil this day, sad Ow Cook
was adjoin-mil till 11w Y• 1 Nimenaber.

IVlt7,:llee EtEcTtos•—State of the Poil ea'
the .•.% :
ATr. Dent It
Mr AUlvy

Almjutiif in faironr..f Mr. Mutt.... 255
lIA Y.

Mr. Brion 1 209
r. A. 41.7
JlyCHiI is rdrYlif dr Mr Dcaclt