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![handle is hein.slavery/ssactsengr1037 and id is 1 raw text is: DE HAHN V. HARTLEY
whether he holds as tenant at will, or by any other tenure: it is not necessary to
inquire into the occupier's title.
Per Curiam. On the first count judgment for the defendant; and on the 2d count,
judgment for the plaintiff.
DE HAHN against HARTLEY (a). Friday, June 30th, 1786. Whatever is written in
the margin of a policy of insurance is a warranty, and must be literally complied
with.
This was an action upon promises brought by the plaintiff (an underwriter) to
recover back the amount of a loss which he had paid upon a policy of insurance.
Plea the general issue.
The cause was tried before Buller, J. at the sittings after last Easter term at
Guildhall, when the jury found a special verdict; which stated,
That the defendant on the 14th June 1779, at London, gave to one Alexander
Anderson, then being an insurance broker, certain instructions in writing to cause an
insurance to be made on a certain ship or vessel called the Juno, which were in
the words and figures following; Please get 20001. insured on goods as interest may
appear; slaves valued at 301. per head: comwood 401. per ton; ivory 201. per hundred-
weight; gum copal 51. per pound; at and from Africa to her discharging port or
ports in the British West-Indies; warranted copper-sheathed, and sailed from
Liverpool with 14 six-pounders, (exclusive of swivels, &c.) 50 hands or upwards, at
12, not exceeding 15, guineas. ' Juno.'-Beaver. S. Hartley and Company, June 14th,
1779.
That the said Alexander Anderson, in consequence of the said written instructions
from the said defendant on the said 14th [344] June 1779, at London aforesaid, &c.
did cause a certain writing or policy of assurance to be made on the said ship or
vessel called the Juno in the words and figures following; (reciting the policy),
which was upon any kind of goods and merchandizes, and also upon the body, tackle,
apparel, &c. of and in the ship Juno, at and from Africa to her port or ports of
discharge in the British West Indies, at and after the rate of 151. per cent.
The verdict, after reciting two memoranda, which are not material, then proceeded
to state, that in the margin of the said policy were written the words and figures
following, Sailed from Liverpool with 14 six-pounders, swivels, small arms, and 50
bands or upwards; copper-sheathed.
That on the said 14th June 1779, and not before, at London aforesaid, &c. the
plaintiff underwrote the said policy for the sum of 2001. and received a premium of
311. 10s. Od. as the consideration thereof.
That the said ship or vessel called the Juno sailed from Liverpool aforesaid on
the 13th October 1778, having then only 46 bands on board her, and arrived at
Beaumaris, in the isle of Anglesea, in six hours after her sailing from Liverpool as
aforesaid, with the pilot from Liverpool on board her, who did pilot her to Beaumaris
on her said voyage; and that at Beaumaris aforesaid the said ship or vessel took in
six hands more, and then had, and during the said voyage until the capture thereof
hereinafter mentioned, continued to have, 52 hands on board her.
That the said ship or vessel in the said voyage from Liverpool aforesaid to
Beaumaris aforesaid, until and when she took in the said six additional bands, was
equally safe as if she had had 50 hands on board her for that part of the said voyage.
That divers goods, wares, and merchandizes, of the said defendant of great value,
were laden and put on board the said ship or vessel, and remained on board her until
and at the time of the capture thereof hereinafter mentioned. And that on the 14th
March 1779 the said ship or vessel, while she remained on the coast of Africa, and
before her sailing for her port of discharge in the British West India Islands, was,
upon the high seas, with the said goods, wares, and merchandizes on board her as
aforesaid, met with by certain enemies of our lord the now King, and captured by
them, &c. and thereby all the said goods, wares, and merchan-[345]-dizes of the said
defendant, so laden on board her as aforesaid, were wholly lost to him.
That when the said plaintiff received an account of the said loss of the said ship
(a) The judgment in this case was afterwards unanimously affirmed in the Exchequer
Chamber. Post, 2 vol. 186.
1130
1 T. R. 344-](ViewImageLocal?handle=hein.slavery/ssactsengr1037&div=1&collection=&method=preview&ext=.png&size=3)