The Sun.
London, England, 1804-02-25 00:00:00

HOYTON' V. RODGERS.

This was an attion on a P diCy of Insurance,
*brought by the Plaintiff, the Owner of the ship
Eliza, of Liverpool,_ against' the Defendant, an
Umierwriter upon the said ship, in a voyage from
Trinidad, in 'the West Indies.—lt appeared froni
the evidence, that -the ship Eliza h-el. set out from
Liven) s 1 for 'the West Indies, and arrfved at Tri-
nidad, where she was to take in a cargo for Lon:
don. Whilst the ship was lying at Trinidad, wait-
ing for It cargo, an African vessel came into the
harbour, the Captain of which gave cut, that the
Eliza ,was an old ship, and not fit for a long voy_
_ age. consequence of his representation, a Mr.
Mitchel, who hod engaged to furnish her with a
cargo, r ,fused to tulfil his contra Ct. The Master
of the dizi tiv!r) eawed a sot vey to be made of the
shir by several carpenters, who all agreed that she
was cai,able of performing a voyage frpm the West
Indies to any Port in Great Britain in pt-rfeCt safety.
He c,used this purvey to be sent to tie Plaint4l,
his owner, in Eogland; who iminei:,iately trta& an
insuranc on th:.Elila, at Lloyd's, but withheld
from he knowledge of the Underwriter the doubts
tat had been entertained of the sufficiency of the
ship, ty,d the survey that had been made. In
the mean time the vesself.unable to obtain a cargo
at Trinidad, set sail for Martinique, but oh the pas-
, sage-v.truck upon- a ridge of rock, by which she was
so -ithz.h da,naged, tliat on he-r examination at Mar.
tionir,e, it wa j ale ;roper 'to sell het at that
place. The price at which she was sold was some_
w .!;,! about eighty guineas. She was insured at two
The Owner abandoned her ae for
a toiAl loss, btlt the Underwriter refused to pay, on
the ground that the vcs'el was not sufficient. at the
time if the cotnuty-icemkt of the risk. Mr. Park!n_
son, a broker, 'who was called as a Witnes, for the
De;ennant, deposed, that at Lloyd's', the practice
was, never to to,ure•4l.ship, that required a snrveY,
io the, West Indies, on account the
fratios that had ; consequently, had
• the o.vner the tans in his posses:tint) relit_
tire ;.o the survey that had been made of the ship
Eliza,• the insurance .would not have been eff• fled.
The'cause was tried at the last Assizes for Lanca.
sh;re, before Mr.-Justice CHAWIBRE. The Judge
,s of opinion that the-fact rehtive to the survey
ought to,have been communicated at the time when
the it-iurance was Effected, and that' therefore the
Defe,clAnt wps entitled to the verdid. The Jury,
lion ever, tonnd their verdid for the Plaintiff.
Mr. PARK supported the verdia, on the ground
that at the time of effedibg an insurance, it was not
necessary to mention any thing about a survey; as
there Was always an implied warranty that the ship.
was in good condition before the cernmencemettt .of
the risk. That Ole was really in god condition,
appeared from the 'survey itself, and ht.!. EUfliCienCy
had never been impeached, except by the African
Captain, who was interested in procuring a cargo for
himself.
Mt. SALTEIt opposed the verdiet, because it was
.contrary to the sentiments of the Judge.
The Court postponed the further consideration of
the question till a future opportunity.

COURT OF. COMMON PLEAS, Far. zt.

EfTTL'NGS BEFORE LARD ALVANLEY.

6WANDsoN V. k.V ILSON.