Scottish Court of Session Decisions

Subject_1 PART I.

INSURANCE.

Yelton and Others
v.
Smith and Others

Date: 19 November 1801
Case No. No. 5.

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In this case, No. 55. p. 11962. it was found, that re-capture by a non-commissioned ship vests an insurable interest. The cause having been appealed, The House of Lords, 21st July 1806, found, That the terms in which the salvage is described in the policy of insurance, as the subject upon which the insurance is declared to have been made, are such, in their construction, that the policy must be considered as inept and void; and find, that it is unnecessary to determine upon any question upon which it might have been necessary to decide, if, the subject upon which the insurance is declared in the policy to have been made, had been described in other terms; and it is therefore ordered, that the cause be remitted to the Court of Session, to review their interlocutors complained of, and to proceed consistent with this finding.