John Watt, Merchant in Dundee v. John Morris, Younger of Allanhill, and Wm. Wallace, Merchant in St. Andrews [1813] UKHL 5_Paton_697 (10 June 1813)

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Page: 697↓

(1813) 5 Paton 697

CASES DECIDED IN THE HOUSE OF LORDS, UPON APPEAL FROM THE COURTS OF SCOTLAND, FROM 1753 TO 1813.

No. 70


[Dow's Rep. vol. i. p. 32.)

John Watt, Merchant in Dundee,     Appellant

v.

John Morris, Younger of Allanhill, and Wm. Wallace, Merchant in St. Andrews,     Respondents

House of Lords, 10th May 1813.

Subject_Insurance — Unseaworthiness.

An insurance was effected on a vessel for £700, freighted

Page: 698↓

by the appellants from the respondents, the owners, to proceed to Riga or St. Petersburgh, from St. Andrews, war-granted by the respondents “completely fitted, and sound to proceed on the voyage.” She sprung a leak on her voyage out, and was lost on her voyage home. In an action on the policy, the defence stated was, that the ship was not sea-worthy. The Court of Session, after various interlocutors, sustained action for the sum in the policy. In the House of Lords this was reversed.

Counsel: For the Appellant, J. A. Park, Ralph Carr.
For the Respondents, David Douglas, Fra. Horner.

 1813
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