NEUE FISCHMEHL VERTRIEBSGESELLSCHAFT HASELHORST m.b.H v. YORKSHIRE INSURANCE COMPANY, LTD.

(1934) 50 Ll L Rep 151

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Marine insurance - Unseaworthiness - Constructive total loss-Insurance with defendants of plaintiffs' shrimp drying factory vessel in tow of tug from Friedrichskoog to Cuxhaven - Vessel left by tug during voyage until tide more favourable - Vessel towed by local fishermen and anchored by them in position about a mile off Friedrichskoog-Breaking of back when tide fell - Defences: that vessel was unseaworthy at commencement of voyage; and misrepresentation -Statements by assured in effecting insurance that vessel was "of extraordinarily stable construction" and that "the vessel was fully overhauled in 1926 and rebuilt most solidly and strengthened by iron beams. The vessel has been surveyed at Friedrichskoog by the harbour inspection and was found to be most stable."