A Treatise On the Principles of the Law of Marine Insurances in Two Parts I
A Treatise On the Principles of the Law of Marine Insurances in Two Parts I
Francis Hildyard
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Park Ins. 638. DEVIATION FROM THE VOYAGE INSURED. 139 examined, said, liis object, after his separation, invariably was to gain Sf. Ki'fs, or to fall in with the convoy. That the ship was taiven by an Jhncrkan pri- vateer in lat. 34, long. 59. Several captains were examined, who swore, that they would have taken the same course to get to St. Kiff. S, or regain the fleet. Lord Manspdd — "'J'iie single question is, whether the caj)tain was taken as he was going to St. KUfs? If he was not he is pe...rjured. The account he gives is, that on the 28th o{ July there was a storm, which separated the fleet; that he did all he could to get to Sf. Kitts, and to direct his course so as to meet liie convoy crossing. 'J'he captain ffoes on the ground not to reason, but to obey, be the consequence what it might. He knows nothing of the insu- rance : he says to himself, "If I obey, 1 am doing right. " As to the protest, I do not see that it contradicts the captain's evidence. Other captains have looked at the log-book or journal ; and they say, they would have held the same course.
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