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![handle is hein.slavery/ssactsengr0176 and id is 1 raw text is: BLAKER V. ANSCOMBE
the count upon the policy for 2001. subject to the opinion of the court upon the
following case.
The Plaintiff was owner of the ship La Fraternit6, mentioned in the policy at
the time of the loss and the insurance. In the month of February 1802, the ship then
being at Demerara, (where she had discharged a cargo of slaves,) directly after the
delivery of that cargo, Walter Scott, the master, entered into an agreement with the
house of Martins and Co. for a freight for the said ship from Berbice to London, for a
cargo to be put on board at Berbice, to be carried from Berbice to London. And it
was at the same time agreed that she should take in a cargo of bricks and planks to
be carried from Demerara to Berbice, and the whole of such cargo of bricks and
planks was to be delivered at Berbice. No charter-party or any written agreement
was entered into for the freight from Demerara to Berbice, but the [24] usual and
customary freight from Demerara to Berbice was to be paid; nor was any charter-
party or any written contract entered into for such freight of the cargo from Berbice
to London, but the usual and customary freight from Berbice to London was to be
paid. The agreement at Demerara for so loading the ship was not a distinct or
different agreement from Demerara to Berbice, and from Berbice to London, but was
one entire agreement entered into at one and the same time. The ship took in the
cargo to be carried from Demerara to Berbice, and afterwards broke ground for the
purpose of proceeding from thence to Berbice, but after she had so broken ground,
and whilst she continued at Demerara, by a peril of the sea she ran foul of another
ship there, called the Jupiter, and received such damages that she was condemned
and sold, and the cargo she had on board for Berbice was taken out of her and no
freight was ever earned. Berbice lies entirely out of the usual track and course of a
voyage from Demerara to London.
The question for the opinion of the court was, Whether the Plaintiff was entitled
to recover? If the Court should be of opinion that he was entitled to recover,
then the present verdict to stand; if otherwise, the verdict to be entered for the
defendant.
Lens Serjt. for the Plaintiff, contended, that as the agreement under which the
ship sailed was stated in the case to be one entire agreement, as soon as the ship broke
ground at Demerara she began to earn freight according to the terms of that agree-
ment, and consequently the policy attached ; that although the agreement had two
distinct objects in view, viz. that the ship should take a cargo from Demerara to
Berbice, and another from Berbice to London, the latter of which had wholly failed,
yet as the former had commenced, there [25] was an inception of the risk described
in the policy, and that according to the terms of the policy the voyage insured might
be considered as a voyage from Demerara to London, with liberty to take in a cargo
at Berbice.
But the Court (stopping Best Serjt. who was to have argued contrk) said, If it
had been in the course of the trade for a ship to take in part of her cargo at Demerara
and part of her cargo at Berbice, the case would have stood upon a very different
ground. But here the first voyage from Demerara to Berbice had nothing to do with
the voyage insured. The voyage insured was from Demerara to London, or from
Berbice to London, or from any of the Windward or Leeward Islands, according to
the place from which the ship might happen to sail on her voyage to London. Now
in this case such voyage never commenced ; the case itself excludes any inception of
the voyage. The ship took in a cargo at Demerara to be carried to Berbice, and there
expected to get the cargo which she was to carry to London.
Verdict to be entered for the Defendant.
BLAKER AND ANOTHER V. ANSCOMBE. May 9th, 1804.
Certain lands, together with the woods, &c. were conveyed under a marriage settle-
ment to A. and B. their heirs and assigns, during the life of S. W. in trust, to pay
the rents and profits as the said S. W. should appoint, during her life, and after her
decease, to the use of such child or children of the marriage, and in such shares as
the said S. W. should appoint; and for want of appointment, to the use of the
children equally, &c. and the heirs of their bodies, with cross-remainders; and in
default of such issue, to the use of the right heirs of S. W. for ever. Held that A.
and B. could not maintain trover against the Defendant, a stranger, for certain
1 BOS. & PUL. (N. R.) 24.](ViewImageLocal?handle=hein.slavery/ssactsengr0176&div=1&collection=&method=preview&ext=.png&size=3)