HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0029 and id is 1 raw text is: SHAWE V. FELTON
whether the defendant's saying that which critically and accurately speaking was not
true, but not having said it with any intention to deceive, brings this case within the
doctrine of Pasley v. Freeman? I think not. Then considering that case to have
governed the determination in Eyre v. Dunsford, I understand the judgment in the
latter to have turned on the fact that the party making the representation, which was
not true, was himself to gain something by it; and that the jury were satisfied that
the representation was false; and there was sufficient evidence to warrant them in
drawing the conclusion that the representation was also fraudulently made. But this
is a case where the defendant giving credit to the arts which had been practised upon
him and others, and [109] believing the appearances to be real ; and not discriminating
with a lawyer's mind, conceived that his view of her manner of living, of the plan of
the estate, and so forth, amounted to knowledge of what he asserted ; and that be did
not make the representation upon mere hearsay, and asserted this without any inten-
tion to deceive the plaintiff. This therefore differs the case essentially from Pasley v.
Freeman, admitting the law there to have been correctly stated ; and I therefore wish
it to be again submitted to the jury, and that if any doubt be entertained, the question
may be put on the record.
Rule absolute.
SHAWE against FELTON. .Tuesday, Nov. 24th, 1801. On an insurance on ship and
goods valued at so much, on a voyage to Africa and the West Indies, the assured
is entitled to recover the whole sum on a total loss which happened in the latest
period of the voyage ; although a considerable part of the estimated value con-
sisted originally in stores and provisions for the purchase and sustenance of slaves
during the voyage, and the slaves were brought to a profitable market at the
first place of the ship's destination, where she arrived a mere wreck, and soon
after foundered. Where a ship insured arrived in port a mere wreck, and was
obliged to be lashed to a hulk to avoid sinking, and in attempting to remove
her to the shore a few days afterwards she sunk; Held that the assured might
recover as for a total loss, though her cargo was saved and brought to a profitable
market.
This was an action on a policy of insurance on the ship Indian, and goods, valued
at 66001. on a voyage at and from Liverpool to the coast of Africa, during her stay
and trade there, and from thence to her port or ports of discharge, sale, and final
destination in the West Indies and America, and until she was moored twenty-four
hours in safety. At the trial before Lord Kenyon C.J. at the last sittings at Guildhall,
it was proved that the ship was seaworthy when she sailed from Liverpool; and it
was not disputed that the insurers were interested in the ship and outfit, (including
provisions and sea-stores laid in for the slaves, which were to be- taken in on the
coast of Africa, and also wages advanced to the crew,) to the extent of the [110]
value insured. The ship arrived on the coast of Africa, took in a cargo of slaves
there, and proceeded to Demerara. In the course of her voyage thither, and in calm
weather, she met with a violent concussion, described to resemble an earthquake, from
which she received so much damage, that it was with the greatest difficulty she was
kept afloat by pumping until she reached Demerara, almost a wreck, where she was
obliged to be lashed alongside of a hulk, to keep her from sinking; and in attempting
to remove her from thence to the shore, a few days afterwards, she sunk, although
the distance was only about fifty yards. At the time of her arrival at Demerara her
stores were considerably expended. The ship was originally destined therein the
first instance, with directions to the captain to proceed to other ports and places in
case he could not dispose of the slaves there at a certain average price. And his
letter of instructions from his owners contained the following direction, As your
vessel is not according to the late Act of Parliament (a), we would have you sell her
in the West Indies, provided you can procure 12001., but expect you will get from
15001. to 12001.. Should you not dispose of her, you will procure what freight you
(a) This was one of the several Acts which passed for the regulation of the African
slaves trade, limiting the. number of slaves to the tonnage, and requiring the vessels
to be of a certain build. The act alluded to was to take place after the voyage in
.question commenced.
2 EAST, 109.](ViewImageLocal?handle=hein.slavery/ssactsengr0029&div=1&collection=&method=preview&ext=.png&size=3)