Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 INSURANCE.

Messrs Buchanans
v.
Hunter Blair, &c

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A Cargo, in the ship Jeanie, belonging to Messrs Buchanans at Glasgow, having been insured for a voyage from the Bay of Honduras to London, instead of a voyage from the Bay of Honduras to Bristol, the voyage truly intended, but, by some mistake on the part of the insured, made out in the policy as above, the Judge-Admiral, in the first instance, and the Lords in a reduction, in the second instance, held the insurance as void; although it was contended, that this description of the voyage in the policy happened by mere mistake of the insured; and that the ship was lost on the Northern Triangles, not many hours sailing from the port in the Bay of Honduras; so that she was lost in the very same track which carried ships, as well from Honduras to London, as to Bristol. But the Lords, in considering this question, did not look upon this case as depending upon the point, whether or not there was any deviation from the voyage, for the truth was, there was no deviation; but it turned upon this, that one voyage had been insured, and another undertaken: so that the contract was void. And so the Lords found.