The British Press; or, Morning Literary Advertiser.
London, England, 1825-11-02 00:00:00

BALL v. MILLAR.

This was an action on a policy of assurance effected on the ship
Aurora. The tennis of the policy were, "at and from Grenada to
London. with leave to call at all or try of the West India Islands.
except Jamaica and St. Domingo, with liberty to load and unload
goods at any of the ports at which she might touch." The Aurora
sailed from London with a cargo; she arrived at Grenada, touched
at several places in the island to unload portions of her cargo, and
was passing to Grenville Bay tun the purpose of delivering the rt.
sidue and taking in a part of her homeward.bound cargo. She was
lost in Grenville Bay. Mr. Justice Park, before whom the cause
woe tried, told the Jury that this *as not a deviation, and they ac-
cordingly found a verdict for thi insurers. Mr. Sergeant Taddy,
at the trial, tendered a hill of exceptions, which was argued this
day, the only question being, whether 31r. Justice Park was right
in his direction to the .lury.
Mr. Sergeant TABBY now contended, on the part of the under.
writers, that this was a deviation. The only question, he said, was
whether the ship was within the risk insured by toe policy at am
time she was lost? Ile relied principally on the ease of Sully
' Whitmore, 5 Barn. and Alders. 45, which was the case of a pones
of insurance on a ship " Rom dull to any 10daiillg port in the Bahl,
,or the Gulf of Finland, with liberty to touch at any port for all
' purposes whatsoever." In this case. he said, the Courts held the
words " for all purposes whatsoever," to be such purposes as were
connected with the voyage insured. She sailed with a cargo, part
of which she delivered at Elsinore, part at Dantaic, and was pro.
reeding to Pillau to deliver the rest, but was lost before she got
there. The underwriters were discharged, because, though Pilled
was one of the ports at which the vessel was permitted to touch
within the terms of the policy, yet it was not contemplated by the
policy that she should call there for the purpose of unloading. She
was not within the policy for this purpose; she wan not protected
from the risks of delivering a cargo, but only from those of taking
one in, wet the underwriters were held not to be liable. The
Learned Sergeant cited also Inglis r. Vaux, 3 Camp. 437, to the
same purpose. Upon these authorities, he contended that if the
Aurora had been taken into Grenville Bay for the sole purpose of
unloading, it would have been clearly a deviation. and could 11
make any difference that the Captain contemplated the double pun.
pose of taking in also a part of his homeward cargo ?
Mr. CAMPBELL, for the insurer*, said, that notwithstanding
the confidence of his Learned Friend, he should contend, that even
lithe Aurora had been going into Grenvillsßay for the soleyurpose
of anloading, she would have been under the protection or the po-
licy. The words of the policy were." at and from Grenada to
London ;" and the meaning of this wad, that the ship would be
protected by the policy from the first Monsont of bet arrival at
Grenada. In support of this position he cited the opinion of Lord
Ilardwicke, as given in Sergeant Marshall's Book an Insurance,
vol. 1, 261 (a book which he as benittcd most now be received as a
book of authority), its which these woods are said to be the usual
form of declaration, and to import that the tick begins on the arrival
of the ship at the place specified. lie cited the cave of Campdeo
a. Cowl.", which is given in Marshall's Book. Hem the insamate
was—" at and from Jamaica to London." The ship had readied
sport of Jamaica, had been safely is harbour for 24 Mori,
consequently her outward policy had expired, and was alms weeds
lost in coasting along tur the purpose of unloading her outward
cargo ; and it was held that the underwtiters were liable.
of T3ttithereiSimei:naranednttli.uridArgensDJ:
ast;sehTo
right.ct l ty e IpTlamihede o.
pot tooliciynint—lia.t. theJliuctto
Grenada to London, with Leave to touch at any of the West Indio
islands. and call at any ports whatsoever snit wheresoever, without
being deemed any deviation, or without prejsdlce to ehe policy."
The words " at and troni" Grenada clearly intimate, that as soon as
the ship has touched at any port of Grenada she is within the policy.
This being so, it must now be taken as conceded. that at the um,
Of her loss the strip was, as to time, within the policy. Theo it the


1

11110liey bad stleched in point of time., the only ground on which &be
tart be sop to be out of the policy is, that she was not em-
Pkord as t policy directe.l. Now it &poems 'TOM statements
-mbeeh hive been made, and which we know from other sources,
slat it is usual for ships to carry out stores for different estates.
1 resat say. therefore, that It ippc.rs to me that the vessel was
properly employed. It seems to me that the delivery at this out-
ward cave was a neemsdry part of her bualicesta.
The three other Judges concurred, and the direction of Illy.
Justice Park was affirmed.

•
0' •
•
I 0,
111
• I
A
!P
. )
1
•
'a
•