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![handle is hein.slavery/ssactsengr0094 and id is 1 raw text is: HARRISON V. ELLIS
a verdict on the ground that there was not evidence to support the issue for
defendant. The Judge refused to direct a verdict, but gave plaintiff leave to
move to enter one. The plaintiff then called evidence; and, on the evidence
which followed, the issue for the defendant was proved.-Held : that the plaintiff
was not entitled to enter a verdict on the ground that there was no proof for the
defendant at the close of the defendant's original case.
[S. C. 3 Jur. N. S. 1146.]
Action on a promissory note. Plea: Set-off. Issue thereon. There were other
issues of fact.
On the trial, before Williams J., at the last Somersetshire Assizes, the counsel for
the plaintiff and defendant respectively abandoned all the issues except the one above
particularized ; and the defendant's counsel began. [464] At the end of the defen-
dant's case, the plaintiff's counsel contended that there was no evidence of the set-off.
The learned Judge refused to direct a verdict for the plaintiff, but reserved leave to
move to enter one. The plaintiffs counsel then called witnesses; and the defendant
gave evidence in reply. The jury, upon the evidence given subsequently to the close
of the defendant's original case, considered the set off to be proved. Verdict for the
defendant.
Slade now moved to enter a verdict for the plaintiff, on the ground that the case
ought to have been stopped at the close of the original case for the defendant.
Per Curiam (a). We will consult the learned Judge who tried the cause.
Cur. adv. vult.
Lord Campbell C.J., on a later day in this Term (April 28th), said that, as the
plaintiff's counsel had elected to continue the case after the leave reserved, he was not
entitled to object to the subsequent evidence having been taken into consideration.
Rule refused.
[465] THOMAS HARRISON AND THOMAS ROGERSON against ELLIS ELLIS. Monday,
April 20th, 1857. A time policy was made on the G. B. on 15,0001. on cargo,
valued at 15,0001., with liberty to increase the value on the homeward voyage. The
body of the policy was in the ordinary printed form, expressing the risk on the
goods to be from the loading thereof aboard the ship, including risk of craft, and
to endure until discharged and safely landed. On the margin was a memorandum,
with liberty to load, reload, exchange, sell or barter, all or either, goods or
property on the coast of Africa and African islands, and with any vessels, boats,
factories, canoes; and to transfer interest from the vessel to any other vessel, or
from any other vessels to this vessel, in port and at sea, and in any ports or
places she may call at or proceed, without being deemed a doviation.-The
G. B. sailed to Africa with a cargo, part of which was landed in a factory for
the purposes of barter, and was lying at anchor loading from the factory native
produce, when the factory with its contents were destroyed by fire.-Held : that
the policy embraced only maritime risks, and did not protect either the goods
which had been part of the cargo of the G. B., but had been landed in the
factory, nor the produce intended to be her cargo, but still on shore; whether
that produce had been obtained by barter of the G. B.'s cargo or otherwise.
[S. C. 26 L. J. Q. B. 239; 3 Jur. N. S. 908.]
Count against defendant as underwriter of 2001. on a time policy of insurance on
the Grand Bonny for twelve months, with liberty to load, reload, exchange, sell*
or barter, all or either, goods or property on the coast of Africa, and African islands,
and with any vessels, boats, factories and canoes, and to transfer interest from this
vessel to any other vessel, or from any other vessel to this vessel, in port and at sea,
and at any ports or places she might call at or proceed to, without being deemed a
deviation. The subject of the insurance to be valued at part of
8,0001. on ship valued at 8,0001.
15,0001. on cargo valued at 15,0001.
23,0001.
with liberty to increase the value on homeward cargo.
(a) Lord Campbell C.J., Wightman, Erle and Crompton Js.
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7 E L. & BL 464.](ViewImageLocal?handle=hein.slavery/ssactsengr0094&div=1&collection=&method=preview&ext=.png&size=3)