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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hugh Watt v Henry Ritchie. [1782] Hailes 896 (23 January 1782) URL: http://www.bailii.org/scot/cases/ScotCS/1782/Hailes020896-0575.html Cite as: [1782] Hailes 896 |
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[1782] Hailes 896
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 INSURANCE.
Subject_3 A Ship, whose name had been lately changed, having been insured under the former one, such Insurance was found ineffectual.
Date: Hugh Watt
v.
Henry Ritchie
23 January 1782 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. IX. 43; Dict. 7074.]
Hailes. It is singular that the two policies differ in all particulars,—in the name of the ship, in the voyage, in the parties concerned,—and that the only thing in which they agree is in the name of the master, which the pursuers hold to be a circumstance of no moment. How can the underwriter be liable in both policies, as on one ship and cargo, when he had all reason to suppose that he was insuring one ship and the cargo of another?
Gardenston. If the insurer was in the knowledge of the ship being the same, I should doubt; but that is not alleged, and indeed seems not to have been the case.
On the 23d January 1782, “The Lords sustained the defences, and assoilyied the underwriter;#x201D; adhering to Lord Westhall's interlocutor.
Act. R. Cullen. Alt. Ilay Campbell.
The electronic version of the text was provided by the Scottish Council of Law Reporting