case JEFFERYES against LEGENDRA Hilary term will mary roll in a policy of  assurance on a ship from London to Naples warrant to depart with convoy the  word depart with convoy mean that she shall sail with convoy for the whole  voyage but if the ship depart with convoy for the voyage from London and be  separate by stress of weather and lose during such separation while in search  of the convoy without any default in the master the underwriter be liable SC  lev SC Mod SC salk SC holt SC Carth declaration in case upon a policy of  assurance on a ship call the olive branch from London to Naples and set forth  the policy in haec word by which the ship be warrant to depart with convoy and  aver that be load she depart from London towards Naples cum et sub protection  ship guerrinae that afterward she be take at sea and lose non assumpsit plead  the jury find that the defendant sign the policy prout that the ship depart  with convoy that the ship be separate from the convoy by stress of weather in  the down that she be drive into foy that she wait for convoy do afterward go  out expect to meet the convoy suppose to be come from Torbai that the wind be  fair that the convoy be not come up that she can not return that she sail on  and that afterward ten league off she be take by a French man of war Tremaine  sergeant for the plaintiff that here the adventure be to begin at the load of  the good which be before the departure that these be mutual agreement that  they ought to bring their action accord to the opinion of the case of hind v  Knightley upon the policy where the ship be warrant to be in the down that  here the warranty be perform I e a departure from London that what the master  have do be consistent with his duty and it be find he use his utmost endeavour  and that there be no default in he that suppose it a condition precedent yet  it be express find that she depart with convoy that the first separation be by  the peril of the sea and that the convoy be the king ship a and not at the  plaintiff command a by Geo c after verdict in any court of record in England  or Wales judgement shall not be stay or reverse for any default of form or  substance in any bill writ original or judicial or variance from the  declaration or other proceed a by convoy be mean certain ship of force appoint  by government in time of war to sail with merchantman from their port of  discharge to the place of their destination Postlethwaits dictionary title  convoy park be law of Marine insurance for it be not every single ship of war  which choose to take a merchant ship under its protection that will constitute  such a convoy as a warranty mean but it must be a naval force under the  command of a person appoint by the government of the country to which they  belong Hibbert v Pigou easter term Geo park on inn and note a shower KB er p e  contra in the argument in this case I make a quere first what be the meaning  of these word depart with shower KB convoy whether go out with convoy or go  the voyage with convoy second whether that be a conditional part of the  agreement so as that the insurance oblige not unless it be perform or if they  be mutual assumpsits three whether suppose it a condition or part of the  agreement it be here find to be here perform as to the first this policy be  but a parole contract and that between merchant and trader and in such case  the word be to have a reasonable intendment it be to be construe accord to the  mind of the party express by these word and those word be to be interpret  accord to the nature of the thing and the subject matter about which such word  be use now the subject matter here be a voyage from London to Naples the  undertake be a insurance or promise to answer or satisfy for such loss as  shall happen in this voyage these additional word warrant to depart with  convoy if of any use be to lessen and diminish the adventure which the insurer  undertake now this be a restrictive clause and qualify the force of the  general word which be in the body of the policy videlicet all peril and if any  other construction he have for it it must be immaterial and it be a rule in  all construction of devise award contract or agreement that every word be to  have a meaning if possible and such sense be to be make thereof that every  clause shall have its due force and that accord to the intention of the party  I need cite no authority for these plain rule now if the strict literal sense  of the word depart be take in this case then that clause be useless for to  depart from London there be no need of convoy for in our own harbour  agreeableness a god we be safe enough and to depart in the strict sense be to  break anchor set sail and leave the port of London nay take it in the most  strict sense and construe it without any latitude and it be only to leave the  city of London for London only signify the city unless you intend it accord to  the subject matter and then the port be mean which reach no further than the  hope or thereabouts it must therefore be mean go with convoy as depart in  peace signify peace attend you to go away must have terminus a quo and  terminus ad who both especial in this case for otherwise it will be to depart  indefinite and then departure upon another voyage with convoy will fulfil the  word which be never intend now there must be a intendment for the port of  London a quo why not for the locus ad who the voyage be design and there be  all the reason in the world from the nature of the thing for the shower KB  same intendment in both reason say it must be in a voyage and in this voyage  and this voyage be from London to Naples ergo the same reason hold for the one  as well as for the other the method in the civil law for discern the true  sense of agreement be by interrogation now here suppose it query what if the  ship go alone no it shall depart with convoy what if the convoy leave her at  the river mouth the answer will be without peradventure she be to have and go  with convoy all contract be to be construe by our law accord to the intent of  the party as near as the rule of law will admit now in our case there be no  rule of law nor particular reason against this construction which I be now  contend for my Lord there be infinite number of case that word be to be  construe accord to the nature of the thing and the subjectmatter and upon that  account even different from their literal or otherwise natural sense as and  for or and or for and accord to the subject matter Plowd a conjunction for a  disjunction et e contra Owen nay contrary to the very word if the intent be  pregnant and strong manifest as the condition of this obligation to be void  Maleverer v Hawxby side sand Mod word be oftentimes reject if contrary to the  apparent sense of the party the intent be to be perform and not the word see  the case of Barry v smith dyer in the case of Pickering v Berkley easter term  car roll it be in roll Abr and style covenant a charterparty that the  defendant in consideration of a sum agree on for fraught shall make such a  voyage and bear all loss and damage which shall befall the ship or her lade  except only peril of the sea the defendant plead that in make that voyage the  ship be take by a man of war unknown whereby he be hinder in make his voyage  on demurrer to it the question be if the capture by unknown man of war be a  peril of the sea or not accord to the meaning of merchant and it be argue  strong shower KB er p that it be not but upon a certificate of merchant read  in court that it be so esteem the court incline thereto yet desire crawly the  master of the TrinityHouse and other sufficient merchant to be bring into  court to satisfy they viva voice and it be so do accord and judgement for the  defendant I shower KB urge this to show that the meaning of word accord to  their use among merchant may be even contrary to their natural sense for in  strictness peril of the sea import only tempest and danger by rock wind or  wave the judge have be govern by grammarian about the meaning of word among  they as modus c now there be the form of expression use in policy to  distinguish when a ship be to go with convoy and they have no other different  way of express it and therefore can be take to be for a particular agreement  only to have a precise departure with convoy which may be more colourable if  they have diverse form in this case beside this clause be add in short at the  end of the policy which show that the paucity and scantiness of the word be  only for brevity and not upon any restriction or particularity in their  agreement that it shall mean no more and therefore I conclude this quaere that  depart here must mean go the voyage with convoy second we be not enforce to  another action as in mutual covenant or assumpsits first I observe that the  law abhor circuity of action if by any mean or construction it can be prevent  I need not quote case to prove it Kelway   Plowd the law will never put a man  round unless on a absolute necessity this be all a parole agreement and in the  case of hind v knightly though so rule at first yet the then and after opinion  of all save one or two judge be with I for there though there be a recovery  notwithstanding the breach of the warranty for the ship be in the down yet I  well remember that all the opinion be against that and Mr justice Jones  declare himself so afterward upon the trial of the insurer action for deceit  in that warranty for that it make all but one contract and a parole averment  may be against it this be part of the agreement it be the mode of the voyage  upon which we insure it be as it be a condition precedent and in a personal  contract there needs no precise word to make a condition as si proviso sub  condition or the like Ea intention or ad suppositum will in many case make a  condition in a will slight word do it there and the same reason hold in  contract and agreement we be not here argue for a condition to vest or divest  create or destroy a estate of freehold or inheritance any word that amount to  a signification of the party sense that a particular thing be to be do or  otherwise the rest be to fail if it appear that such be their intent be  sufficient and then if that be not observe the other fail and it must be so  intend and be shower KB it intend otherwise it will have be add as Grotius in  his right of war and peace lib cap sect say be usual do in such case that if  either party do transgress in this or that particular yet the rest shall  remain firm and immovable here this be a part of their policy and so be it in  their count tenor pron  interrog  sequitur and yet that we be content to  become assurer secundum course the same scribe beside consider the nature of  the policy it be a negotiation among merchant and there say Straacha de  Mercator the intent be chief to be regard and if it be not so yet it be  falsehood indication who make faulty affirmation as if the party have no good  on board or if that there be no such ship or no such voyage have for then say  those decision there be no hazard run and consequent the prize to be return  policy be to have a reasonable intendment so if the ship or good be lose  before the policy be make and the party insure have notice though the word  lose or not lose be insert yet the policy be void if general without these  word yet if lose before policy make it be void because of the improbability  suppose that any man will engage against that which be already happen Straacha  b I urge this to show that such reasonable intendment be to b in the case of  Blackhurst v cockle Trinity term Geo good be insure from the lade of they on  board the ship lose or not lose and warrant well on a particular day and the  ship be lose on that day before the policy be underwritten and it be hold that  the underwriter be liable for the warranty be comply with by the ship be safe  any time of that day term Rep and in general these word which be peculiar to  English policy burr be take to increase shower KB er p be make here that this  be part of the agreement for that in time of war of which you will take notice  man will not ready insure ship go without convoy beside there be another rule  that in construction of the nature and extent of the insurance a regard be to  he have to the quantity of the premium and that help in many case it be to be  intend of the first voyage Straacha of one voyage only so to refit a ship it  be only pro prima vice Straacha then there be another rule that hold  inviolable that the change of the voyage do dissolve the contract Straacha  which bring I to the three and last question whether the insurance make of  this voyage be so observe that we be bind by our policy now my Lord upon what  I have already offer it appear that a insurance be a conditional contract now  if such condition by any collateral impediment be prevent from ever happen in  the manner it be agree upon neither party be bind and if it happen by the  default of the insure we be discharge and yet the premium be we but if by  neither of their fault then neither be bind and so be my aforesaid author we  shower KB undertake only to pay the loss in case the ship go in such a manner  be lose and it matter not to I whether the hazard be prevent by their default  or not if by their default they lose the premium but if otherwise it however  vacates the contract that matter happen afterward though not by the default of  the insure may vacate a insurance be plain I mean such as prevent or alter the  mode of the voyage as suppose by the default of the master who be here a three  person a mere stranger to this contract if a insurance be upon good in a  certain ship by name and afterward they be put on board another ship it be  plain the insurer be not liable c nay the civilian go further though there be  a clause of power to transmit from one ship to another yet if the good be take  on shore and lodge there and afterward put on aboard another ship the insurer  be not liable Straacha we be not within the law or rule of impossibility  happen by the act of God to save from penalty we be no more than the common  case of a conditional assumpsit a executory promise upon a act do and to be do  to or by a stranger and in such case it be not enough to say that it be  endeavour or that the circumstance be render impossible to be observe by the  act of God for if it be so I be however discharge from my promise see   style  cro Elizabeth roll Abr the full intent be to be perform and not the bare word  then here the intent be that the voyage shall he have with a convoy or at  least till pass danger now here be no such matter find nay the contrary be  find the loss be not by storm or tempest by rock wind or wave but for the want  of convoy it be find the convoy be ninety league behind and the master know it  his go out she intention to meet her will not help it the plaintiff be to  proceed and keep with the convoy the agreement for it be on his part he be not  bind to go with this or that particular man of war but with convoy in general  he ought to have wait for that or another beside it be of no regard to we  whether he be blameworthy or not suppose his design convoy have leave he at  the river mouth and refuse to go with he and a loss happen for want of he we  be not bind to answer the loss for we never undertake to assure under such  circumstance or upon such term here the plaintiff undertake for the act of a  stranger and this stranger do not that act it be not find he ever come out of  Torbai upon the whole I pray judgement for the defendant for that to depart  without convoy must be construe accord to the subject matter shower KB I e to  go the voyage then this be part of the agreement and not observe though  without the plaintiff default we be discharge of our promise which be to be a  insurer secundum course scribe pillage and that be in a voyage with convoy  afterward sergeant Thompson argue for the plaintiff and sergeant levins for  the defendant levins sergeant argue on another topic and agree what I labour  to deny the risk and therefore unless there be fraud the underwriter be liable  whether the loss happen before or after underwriting the policy park on inn c  dick v barrel stram Plantaman v staple term Rep notorious facts belly v the  royal assurance bar park on inn shower KB er p that if the master have do his  utmost then the cause be against he but labour to show a default in the convoy  and master in not meeting after the separation which be sufficient difficult  as the fact be find that he may have send to Torbai to have inquire for the  convoy that the convoy may have come up but be negligent and stay behind when  the wind be fair that the convoy be to be provide by they if any default in he  it be against the plaintiff holt chief justice deny the case of hind v  Knightley to be law and that the current opinion be against it that it be part  of the agreement and if not fulfil do vitiate the policy but he say that to go  away only signify a departure from London in that voyage and suppose he do  depart and be at sea the voyage be begin if the separation have be by fraud it  be somewhat but here the separation be by stress of weather suppose the master  have commit barratry the insurer be liable if you intend he shall go the  voyage with convoy you must make the agreement so Gregory justice there be no  manner of fault in the plaintiff when the vessel be once go to sea with convoy  it be not in the plaintiff power to do more eyres justice I take it the  meaning be that he shall go out with convoy and so continue with he to the end  of the voyage without any default in he and the special verdict have find no  default in he judgement for the plaintiff dolbin absent such unanimous d