1. When a British subject insures against capture, the law infers that the contract contains an exception of captures made by the government of his own country,
2. All insurances of enemies' pro- perty, from the effects of the acts of the government of the country of the underwriters, are illegal at the com- mon law, and cannot be enforced, 287
3. A ship insured being taken, the assured may demand as for a total loss, and abandon to the underwriter, 287
4. By the common law the thing taken from the owner in war is gone, and the property so taken in war be- longs to the captors, 290 5. On a policy, "interest or no interest," a recapture, after being in
12. There is no book, ancient or modern which does not say, "that in case of the ship being taken, the as- sured may demand as for a total loss and abandon. And what proves the proposition most strongly is, that by the general law he may abandon in the case merely of an arrest on an embargo, by a prince not an enemy, 296
13. The chance of restitution does not suspend the demand for a total loss upon the assurer, but justice is done by putting him in the place of the assured in case of recapture,
he knows nothing, as it is to affirm that to be true which he knows to be false, 576
11. When the assured having heard a report that a ship described like his was taken, went and insured her without mentioning the rumour to the underwriter. Policy held to be void, 578 12. The time of a ship's sailing is not material to be communicated, unless she be a missing ship, or un- less a ship which sailed after her has arrived, 579
13. A ship takes in her cargo at L. and sails to G. An insurance is made on the goods from G. to D., "to begin from the loading." The policy is void, it being a false descrip- tion, calculated to induce a belief that G. was the port of loading, 581
14. Concealment of a letter from which the time of the sailing of the ship might be inferred, is material, 583
15. A broker's instructions stated that a ship was ready to sail on the 24th December. The broker repre- sented the ship to be in port, when she, in fact, sailed on December 23. This was held to be a material mis- representation, 583 16. Evidence of underwriters is admissible to prove what, in their judgment, is a material concealment of a fact,
27. A material concealment avoids the policy, although the broker thinks it immaterial, 612
28. An expectation does not amount to a representation, 612
29. Where a ship is insured at and from a place, and does not arrive there for some time, this need not be com- municated; but it is for the jury to say whether the delay varies the risk,
30. A letter ordering an insurance is put into the post before the loss, but starts after the loss is known. This is a misrepresentation, whether arising from fraud or negligence, 615
31. To an action on a policy made on a ship the defendant pleaded, 'that at the time of making the policy, the plaintiff wrongfully and improperly concealed from the defendant certain facts and information which the jury at the trial found to be material, and was known to the plaintiff when the policy was made. Held (dubitante,
Pollock, C. B.,) that the defendant ought to have given some evidence of the non-communication of the fact, in support of his plea, 617 32. Where the policy was void by the fraud of the assured, the premium was decreed to be returned, 626
33. Where it was clear that the assured had heard of the loss before an order was given to insure, it was held that the premium should not be delivered back, 628 34. If an underwriter has been guilty of fraud, an action lies against him to recover the premium,
1. General principles relating to the commencement of the risk thereon, 159
2. The cargo ready to be put on board, but the ship not ready to re- ceive it, the policy does not attach, 160
3. In the case of a valued policy a part of the cargo only on board, the rest ready, the assured recovered for the whole, 160
4. If a ship be chartered to a cer- tain place to take in her cargo, and on her way there be lost, the under- writer on freight is liable, 163
5. Where a ship was chartered from A. to B., and back, at a certain freight for the outward voyage and the current freight home, and before she unloads her cargo, and before any of the homeward cargo is shipped, she is lost, the policy on the homeward freight attached, 165
6. Where freight was agreed to be paid when part of the voyage was performed; but, before the freight was paid, or the voyage finished, the ship was lost; as the charter-party treated the whole as one voyage, the policy on the freight attached,
7. When there is not an entire charter-party for the whole voyage out and home, and the ship takes out a cargo to be bartered for goods to be brought home, and a part of the
outward-cargo is only discharged and bartered, the assurer on freight for the homeward voyage can only recover for the freight of the goods on board, 167
8. Where a ship under a charter- party was in a condition to take in her cargo, which was ready for her, but was lost in a hurricane before the goods were put on board, held that the policy on the freight attached, 170
9. In all cases where the freight is lost by a peril insured against, the assured is entitled to recover, though no goods be actually on board, pro- vided the ship is ready to receive them, and the goods are ready to be shipped, or the owner has a contract with any one for their shipment, 171 to 175
7. If a ship, though neutral, be insured on a voyage prohibited by an embargo laid on in time of war by the prince of the country in whose ports the ship happens to be, the insurance is void, 636
8. But this rule does not extend to trading contrary to the revenue laws of a foreign country; for no nation takes notice of the revenue laws of another, 638
9. How far trading with an enemy in time of actual war is illegal, 640 10. By the law of England, 641 11. An insurance on a neutral ves- sel trading to an enemy's country is valid, 642
12. Upon the breaking out of a war, neutrals have a right to carry on their accustomed trade, with the ex- ception of contraband articles, &c., 642
13. But a neutral has no right to engage in the colonial trade of either of the belligerent parties, which he never possessed in time of peace, 643
14. By the common law, the trad- ing with an enemy without the king's license is illegal, 644 15. The power of licensing parti- cular trades with hostile states, in time of war, is part of the prerogative of the Crown,
16. The king may qualify his li- cense, which must be strictly con- formed to, 645 17. The condition must be strictly complied with, 647
18. The party having the license must show his authority to have it, and how he obtained it, 647
19. The fraudulent alteration of a license avoids it, even where the party claiming its protection is innocent of the fraud, 648
20. The Courts of Justice will per- mit every thing to be done, though not expressed, which is necessary in order to effectuate the intention of his Majesty in granting the license, 648
21. If the voyage, by unavoidable accident, be delayed beyond the time for which the license was granted, yet
25. When a British subject insures against captures, the law infers that the contract contains an exception of captures made by the government of his own country, 658
26. Where a voyage is prohibited by the navigation laws of this country, the insurance upon the adventure is illegal also, and therefore void, 659
27. By a recent act against smug- gling, persons insuring the delivery of prohibited goods, are to forfeit 500l. over and above any other penalty to which he may be liable. And there is the like penalty on the assured, 660
28. Where part of a cargo is legal, but intended to cover an illegal design, the whole policy is void. But if part of a cargo be licensed, an insurance of that part is not vitiated, though an- other part is not licensed and illegal, if there be no fraud, 660
29. Where an exportation was pro- tected by a valued policy, the goods to be thereafter specified, and the spe- cification contained prohibited goods, the contract was entire, and the policy void, 661 30. A sentence against a neutral
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