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John Watt, Merchant in Dundee v. John Morris, Younger of Allanhill, and Wm. Wallace, Merchant in St. Andrews

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.

 

Source: www.bailii.org