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Scottish Court of Session Decisions >>
Grieve v Young. [1782] Mor 7086 (00 January 1782)
URL: http://www.bailii.org/scot/cases/ScotCS/1782/Mor1707086-009.html Cite as:
[1782] Mor 7086
Incomplete or false information or concealment vacates the policy.
Grieve v. Young
1782. — Case No. No 9.
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Grieve merchant in Eyemouth, wrote on 10th December 1779, to Muat and Aitken of Edinburgh, desiring them to insure L. 160 on the Jean of Dunbar, which sailed that afternoon for Alloa. The letter was sent to the Press the same evening, to be taken up by the London post, which passed there next morning about ten o'clock, on its way to Edinburgh. It arrived at six o'clock afternoon of the 11th at Edinburgh, and the insurance was made the same evening at eight. The ship on the evening of the 10th was driven back by a storm to Coldingham, and went to the bottom in the sight on Mr Grieve himself, about eight in the morning of the 11th. In an action against the underwriters, the Judge-Admiral found it was incumbent on Mr Grieve to have informed his correspondent by express of the disaster, in order that the insurance might have been stopped, which could have been done in good time. The Lords on an advocation were of opinion that it was not incumbent on Grieve to send an express to Edinburgh; but as there appeared sufficient time to countermand the insurance, by the ordinary course of post, and it was Grieve's duty to have done so, they therefore assoilzied the underwriters.
