English Ruling Cases volume 13

Cover English Ruling Cases volume 13
English Ruling Cases volume 13
Robert Campbell
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XIII. ] SECT. I. — INSURABLE INTEREST. 321 No. 6. — Crowley v. Cohen, 3 Barn. &< Adol. 486, 487. is to be done by ascertaining the proportion which . £12, 000 bears to the whole value of goods carried during the year, and allowing the assured such a proportion of the amount of loss. But the rule of calculation relied on by the defendant is never adopted in cases of policy on goods with liberty to change the cargoes. Here the whole value of the goods afloat at the time of the loss must be taken, and the plaintiffs will recover such a proportion of their loss as £12, 000 bears to the value of all the property on board all the boats at the time of the accident, if that value exceed £12, 000 ; if not, they will be entitled to the whole amount lost. Littledale J. I am of the same opinion ; and I think it was not necessary that the interest of the plaintiffs should be more specially described. Goods in the custody of carriers are con- stantly described as their goods in indictments and declara- tions in trespass.

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