Judgement

Appeal (No. 11 of 1924) from a decree of the High Court in its appellate jurisdiction (April 18, 1923) reversing a decree of Pearson J.

The suit was brought by the appellant in 1919 in the High Court to recover Rs.24,997 as damages for breach of a contract alleged to have been made by the respondents in 1916, to insure jute and hemp to

Law. Rep. 52 Ind. App. 126 ( 1924- 1925)

Surajmull Nargoremull V. Triton Insurance C ompany 223

be exported by the appellant to Europe., The appellant by his plaint alleged that he had had to insure the goods at a higher rate of premium, and he claimed the excess as damages.

The facts appear from the judgment of the Judicial Committee.

The trial judge (Pearson J.) made a decree for the plaintiff, but upon appeal the decree was reversed by Sanderson C.J. and Richardson J. upon the facts and the suit dismissed.

By the Indian Stamp Act (II. of 1899), s. 7, sub-s. 1, "no contract for sea-insurance (other than such insurance as is referred to in s. 506 of the Merchant Shipping Act, 1894) shall be valid unless the same is expressed in a sea-policy."

The above statutory requirement was not pleaded, nor was it referred to in the Courts in India.

1924