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![handle is hein.slavery/ssactsengr0032 and id is 1 raw text is: BARCLAY V. COUSINS
parol declarations of the testator, is also left untouched for the reason before given.
Therefore without impugning any one decision upon the subject, and in conformity
with them all, upon whatever various grounds they may have proceeded, we feel our-
selves warranted in considering this will, made in favour of those who at the time of
the testator's death had become his wife and children, as in full force and not revoked
under the circumstances stated in this case.
Postea to the plaintiff.
BARCLAY against COUSINS. Saturday, July 3d, 1802. The profitsof a cargo employed
in trade on the coast of Africa are an insurable interest.
(Referred to, Wilson v. Jones, 1867, L. R. 2 C. P. 150.]
This was an action on a policy of insurance, dated the 27th August 1799, and
effected by the plaintiff as agent for and on account of one Richard Wells on the ship.
Jonah, at and from Barbadoes to the coast of Africa, during her stay and trade
there, and at and from thence back to her port or ports of discharge in the West Indies
.at a premium of 25 guineas per cent. with various returns for convoy. The policy
was declared to be on profits valued at 20001., and was underwritten by the
defendant. The declaration contained averments that the ship sailed upon the
voyage insured with a cargo of good and merchandizes on board; and that the
said Richard Wells was interested in the profits to arise and be made from the sale
and disposal of the said cargo of goods and merchandizes to the amount insured ; and
stated a total loss by capture. The defendant pleaded the general issue, and paid the
premium into Court. At the trial before Lord Kenyon at the sittings at Guildhall
after last Trinity term, a verdict was found for the plaintiff for 2211. 5s. subject to
the opinion of this Court oi the following case.
[545] In February 1799 Richard Wells shipped a cargo of goods on his own
account on board his own ship the Jonah at Barbadoes, to be carried on a trading
voyage to the coast of Africa. The invoice value of the ship and cargo was about
58801. In April 1799 the plaintiff received an order from Mr. Wells to insure 60001.
oji this ship and cargo; in consequence whereof he effected an insurance to the amount
of 84701. to cover the sum of 60001. ordered and the premiums of insurance thereon ;
which insurance was declared to be on the ship and cargo at and from-Barbadoes to
the coast of Africa, during her stay and trade there, and at and from thence back to
her port or ports of discharge in the West Indies. On the 13th of August following
the plaintiff received a letter from Mr. Wells directing the insurance in question,
which was thereupon accordingly effected. The said ship sailed from Barbadoes on
the 29th of March 1799 upon the voyage insured, and arrived at Cape Mount her port
of discharge in Africa on the 21st of July following; and thereupon the agents of the
assured began to unload and sell her cargo, and with part of the produce thereof
purchased 30 slaves; and on the 28th of August following she was captured by three
French frigates, but was afterwards given up to one George Hewitt for the purpose
of conveying English prisoners to a British port, and arrived at Sierra Leone oii the
6th of September, together with the said thirty slaves, and the remainder of her
cargo, and a number of English prisoners; but was soon after deserted by the said
George Hewitt and part of her crew; and her original captain refusing to take the
charge of her, Gaptain Gray the then acting governor of that settlement gave the
command thereof to one Walter Stott, who accordingly took possession thereof.
That by the direction of the said Walter [546] Stott the 30 slaves were unshipped
and sent to Bance Island, where they were afterwards sold, and the remainder of the
cargo was landed and sold at Sierra Leone, and produced the sum of 461. 6s. 6d.
That the said brig afterwards departed for Barbadoes with prisoners on board, where
she arrived, and where the Court of Admiralty adjudged to the said Walter Stott
and the then crew of the said brig one full eighth part of the net proceeds thereof,
and of the cargo on board her at the time she was taken possession of as aforesaid.
The question for the opinion of the Court is, whether the plaintiff is entitled to
recover.
This case was very fully argued first in Easter term 41 Geo. 3, by J.- B. Warren
for the plaintiff, and Giles for the defendant; and again in last Easter term by Park
for the plaintiff, and Adam for the defendant; but as the principal arguments and
2. EAST, 545.](ViewImageLocal?handle=hein.slavery/ssactsengr0032&div=1&collection=&method=preview&ext=.png&size=3)