John Marshall

“ In that case too, the insured traded, and the delay was considerable and unnecessary; the risk, if not increased, might be, and certainly was varied. The judge, therefore, ought not to have left it to the jury on the single point of increase of risk by taking in the jackasses. Although the risk might not be thereby increased, the unauthorised delay and unauthorised trading during that delay, connected with taking on board unauthorised articles, discharged the underwriters according to the settled principles of law ”

“ The court does not feel itself constrained by the decision in the Maryland Insurance Company v. Le Roy et al. to determine that in this case also, which differs from that in several important circumstances, the underwriters are discharged. ”

“ In that case, a liberty was reserved in the policy 'to touch at the Cape de Verd Islands for the purchase of stock, such as hogs, goats, and poultry, and taking in water.' The vessel stopped at Fago, one of the Cape de Verd Islands, and took in four bullocks and four Jackasses, besides water and other provisions, unstowed the dry goods, and broke open two bales, and took 40 pieces out of each, for trade. The vessel remained at the island from the 7th to the 24th of May, although the usual delay at those islands for taking in stock and water, when the weather is good, is from two to three days. ”