John Watt, Merchant in Dundee v. John Morris, Younger of Allanhill, and Wm. Wallace, Merchant in St. Andrews [1813] UKHL 5_Paton_697
[1]SCOTTISH_HoL_JURY_COURT[4]CASES DECIDED IN THE HOUSE OF LORDS, UPON APPEAL FROM THE COURTS OF SCOTLAND, FROM 1753 TO 1813.[6][Dow's Rep. vol. i. p. 32.)[7]John Watt, Merchant in Dundee, Appellant[9]John Morris, Younger of Allanhill, and Wm. Wallace, Merchant in St. Andrews, Respondents[10]House of Lords, 10th May 1813.[11]Subject_Insurance — Unseaworthiness.[12]An insurance was effected on a vessel for £700, freighted[13]Page: 698↓by the appellants from the respondents, the owners, to proceed to Riga or St. Petersburgh, from St. Andrews, war-granted by the respondents “completely fitted, and sound to proceed on the voyage.” She sprung a leak on her voyage out, and was lost on her voyage home. In an action on the policy, the defence stated was, that the ship was not sea-worthy. The Court of Session, after various interlocutors, sustained action for the sum in the policy. In the House of Lords this was reversed.[14]Counsel: For the Appellant, J. A. Park, Ralph Carr.[15]For the Respondents, David Douglas, Fra. Horner.