The Sun.
London, England, 1806-03-07 00:00:00

DAIA'SON V. ATTY.

This was an aftion on a Policy of Insurance nem
fiCtOdS, on board the Ship Hermione, frOm Liverpool
for Messina and Sicily, under Written for 1001. upon
a premium of eight guineas. While proceeding on
her voyage, the Ship was captured, by a Spanish
Privateer from Algesiras, and carried into Cadiz.
The necesOry fads of shipping the goods, and the
subsequent eaptnre, being proved,
Mr: Goa ow, for the Defendant, '.endeavoured
first to she‘v that, there-was a collusion between the
Captain of the Hen:ill= and the Captain of the
Privateer ; as it appeared, upon the evidence% 'that
they did not appear to be inimical to each other
but, on the contrary, had lodged at the same hotel
in Cadiz, kept the same table; and ,were in habits
of friendship. The Learned Counsel then con
tended, that the Ship iii'question'Was an ‘AMerican
Vessel ; or,. at leak from the evidence, was repre.
sented to be such ; and therefore he objeCted upon
a 'point which he considered to be perfaly now in
the do&rine on insurance; and called the attention
of the Court particularly to a furtherinvestigation.—
.11 this Vessel were an American bottom, as he must
take it for granted,-from the evidence, that-she was,
he contended, that, according to the Treaty between
Spain and., the United States, it was necessary for
the Captain to have what is termed " a sea-letter,"
as well as a certificate, from the proper officers at
the port from whence his Ship last cleared out, testi-
fying that she carried no contraband goods ; 'he,
'therefore, submitted, that, inasmuch as this Ship had
been represented.to be an American, it was neces-
sary these documents should be produced. Besides,
he contended, that the premium would have been
double had not that representation been made.
It appeared,. however, that the.representation had
not
,come direCtly from the Plaintiff himself ;. and an
advertisement alluded to, stating her to be an Ame-
rican, appeared some time after the Policy had been
effeeted. The Vessel was said to be a general Ship.
Lord EILENBOROUGH thought, that the do trine
of representation might, _in many case's, be drawn
too far; and should be received with great suspicion
and caution. But in this case. there was no grounds
for the Defendant to stand upon. There should be
not merely an implied warranty, bilt an a&ual war-
ranty ; whereas, there was not a pretence for either
one or the other.

His- Lordship having taken a note of 3.1 r. GAR-
ROW'S ob3e6tion, the Jury found a verditl of 9i I.
12s. for the Plaintiff.

COURT OF COMMON PLEAS,GunnnALL, Mmuctz s 4
SITTINGS AT NISI PRIVS, lIINFORIL LOAD C 14141, JUSTICZ
MANSUILDt AND A SIriCIAL JURY.

TIIELLUSSON V. CALLENDER.

This was an ..kaion'on a Policy of Insurance, to
recover from an Underwriter the average of the loss
sustained by the payment of salvage.
It appeared, That the ship Mary, with her cargo,
consisting of sugars, to the amount of. 90001. and
upwardS, had been consigned to Messrs. ('Con-
nors, Dublin, by Crossrnan and Co.. merchants, in
Jamaica, as agents for the Plaintiff, In the month
of June last, the Mary having taken in all her
cargo, proceeded on her Voyage, but had not been
long at sea when she was taken by a French Pri-
vateer., 'in whose custody she remained for a short
time. She was. in her company when the' Flying
Fish Armed Ship hove insight, and, bearing,down
on them, took the Privateer, re-captured her, and.
brought her back to Jamaica. It became necessary',
to pay, an eighth for salvage;, and the ship not being'
in condition to proceed on her intended voyage,
she was condemned in the Cburt of Admiralty, and
sold/by public au&ion. Under this sale, Crossman