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![handle is hein.slavery/ssactsengr0677 and id is 1 raw text is: TENNANT V. HENDERSON [1813]
[324] SCOTLAND.
APPEAL FROM THE COURT OF SESSION.
TENNANT, and Others (Underwriters),-Appellants; HENDERSON, and Another
(Merchants),-Respondents; and HENDERSON, and Another (Merchants),
-Appellants; FETTES, and Others (Underwriters),-espondents [July
20, 1813].
[Mews' Dig. xiii. 1189. 3 Scots R. R. 80.]
[Insurance on a ship engaged in the African wood and ivory trade, without
stating her co-operation with another ship. This mutual co-operation
or trading proved to have occasionally prevailed in African voyages, but
the usage not so complete as to render it unnecessary to communicate
the fact expressly to the underwriters. Decided that this was a conceal-
ment of a material fact, and fatal to the policies.]
This was a question between the assured and underwriters, arising upon certain
policies of insurance, effected upon the ship Imperial and her cargo, engaged in the
African trade.
The original order of the insurance was as follows
Please effect £2000 upon 5-6ths of the ship ; the whole valued at £10,000, per
the Imperial, Thomas Marshall, at and from Liverpool to the coast of Africa and
the African islands, during her stay and trade there, and from thence back to
Liverpool, with liberty to exchange goods with other ships, at £6 per cent. The
Imperial was [325] lately built at South Shields, originally intended for the service
of the East India Company, is 530 tons register, copper-fastened, and copper-
sheathed up to the bends, and intended to sail in about a week. Upwards of £5000
has been done on her on these terms to-day here. As your underwriters may not
be accustomed to these risks, it may be necessary to say, that we purchase no slaves,
nor does the ship go to the West Indies : we barter the produce and manufactures
of this country for the produce of Africa, dye-wood, ivory, bees-wax, palm-oil, etc.
Upon the faith of this representation, insurance to the extent of £2000 was, on
the 21st of January, 1803, effected on the ship Imperial, At and from Liverpool
to the coast of Africa and the African Islands, during her stay and trade there,
and from thence back to Liverpool, with liberty to exchange goods with other ships.
The next insurance made was upon the cargo. The policy was dated 18th June,
1803, and was in these terms :- At and from her arrival twenty-four hours at her
first place of trade on the coast of Africa to Liverpool.
A third policy, also on the cargo, was effected 1st November, 1803, At and from
Africa and the African islands to Liverpool.
The order upon which this insurance was made, was dated 29th October, and bbre,
that the Imperial was left well at Old Calabar, on 12th June last, taking in her
cargo, and was expected to leave the coast in all October.
[326] A fourth policy, upon the cargo, was entered into on 26th November,
1803, At and from Africa and the African islands to Liverpool.
The representation upon which this last policy was entered into, and which was
inserted in the slip, stated, By advices, the Imperial is supposed that she would
leave Africa about this time, and in July last she was described a new ship, copper-
fastened, and coppered to the bends, and had six six-pounders and thirty-five people.
It appeared that, according to a plan occasionally adopted in the African trade,
the owners of the Imperial had, in October, 1802, sent out the George, a smaller vessel,
to take a cargo for herself, and also contract for one for the Imperial. The George,
pursuant to the instructions to the Master, proceeded to Gaboon, took in some bar-
wood, contracted for more for the Imperial, which was expected to arrive in two
months after, and then proceeded to the Cameroons and to Calabar, where she took
in ivory, palm-oil, etc. The Imperial sailed in January, 1803, and, according to
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