case jefferies against John LEGENDRA in a policy of insurance the word warrant  to depart with convoy mean that the ship shall depart with convoy for the  voyage and therefore if a ship without fraud depart with convoy and they be  separate by stress of weather and the ship insure be lose during the  separation without any default in the captain the term of modern er p the  policy be comply with and the underwriter liable S c show S c lev S c salk S c  holt S c Carth a action on the case be bring by the plaintiff upon a policy of  assurance of good from London to Naples upon the ship call the olivebranch the  adventure be to begin at the time of the land of the ship at London and seven  guinea be the premium for every one hundred pound insure danger of the sea  only except at the bottom of this policy these word be subscribe upon which  the question now arise videlicet warrant to depart with convoy modern the  plaintiff in his declaration aver that the ship do depart with convoy that she  be take by the French and that the defendant have notice of it but do not pay  the money c upon non assumpsit plead the jury find a special verdict to this  purpose videlicet they find the policy of assurance that the defendant  subscribe it that the ship depart out of the river Thames under the convoy of  a man of war see Hibbert v Pigou park inn Gordon v Morley stram a that about  the isle of wight she be separate from the convoy by bad weather and put in at  Torbai and be there detain by contrary wind that the master of the ship expect  to meet the convoy depart out of the harbour but can not meet her be hinder by  stress of weather and that the ship be take by the French and so lose c the  question be what the true meaning of those word be videlicet warrant to depart  with convoy the counsel for the plaintiff will have it that no more be intend  than a departure with convoy at the first set out of the river which be  provide by the insure and so find by the verdict they have fulfil their  warranty and so ought to recover that what be afterward do by the master of  the ship in come out of the harbour ought not to prejudice the plaintiff for  the master be in nature of a common carrier to convey good from one part to  another but as it be find by the jury he do not misbehave himself for he come  forth to meet his convoy and do endeavour it but be hinder by the weather  these word imply a mutual covenant and the rather because they come in the  conclusion of the policy but admit it to be a condition precedent the  plaintiff have perform all he ought to do for it be express find that the ship  do depart with convoy suppose the word have be wartanted to depart with convoy  and so to continue to the end of the voyage danger of the sea only except if  the ship shall happen to be take by the enemy that be a danger at she or if  the convoy leave her be command another way by the king or if she be assault  and will not fight the insurer shall lose nothing in either of modern these  case the meaning of these word be that all necessary care shall be take to  preserve the ship which be do by the plaintiff therefore he ought to recover e  contra by these word the ship ought to go all the way with convoy and not only  out of the mouth of the river where there be no danger for that can never be  the meaning or intention of the party and that she shall be leave at sea where  there be danger see lily v ewer dougl b now a policy of assurance be but a  parole contract and must be construe accord to the mind of the party and not  accord to the strict sense of the word see park insur c as if a man covenant  to make such a voyage and to bear all loss except peril at sea and the ship be  take in the voyage per a certain to pardon man et bellicosos such take by  pirate be hold to be peril of the sea Pickering v Berkeley style S c roll Abr  a when a person be oblige to secure a thing under such term and circumstance  the manner of the promise must be observe and pursue as if I promise to pay  five pound to another send his servant to I such a day if he do not send his  servant the obligation cease on my part so if a promise be make to deliver  good in London and for that purpose they be put in a boat which be afterward  drown notwithstanding the party use his endeavour that shall not discharge he  because he have undertake to do the thing on his part he ought to modern er p  perform it Thompson v mile roll Abr pl b it be find by the jury that the  master of the ship depart out of the harbour expect to meet the convoy which  must be to sail with her and protect her the rest of the voyage or otherwise a  convoy will signify very little or nothing here be a severance by bad weather  now the ship may have come up to the convoy or that to the ship but she do not  stir out of Torbai till the ship be take therefore the insure be to provide a  convoy here be a breach of the agreement on their side which will hinder they  from bring this action especial since it be a entire agreement and no  precedent condition curian if the insure have act contrary to the agreement  the policy fail as much as if there have be a deviation the word depart be  only terminus a quo if the ship have depart from London and come back again by  fraud that have be no departure within the intention of this agreement modern  but upon this departure as it be find the voyage be begin with convoy they be  afterward separate by stress of weather and both endeavour to save themselves  and afterward to find out each other and there be no fraud find in the master  judgement be give for the plaintiff though it may have be otherwise if the  convoy have run from the ship and by that mean she have be take see the case  of victorian v Cleeve stram lily v ewer dougl tailor v woodness park insurance  c