1778-01-26 (static/transcriptions/1778/01/029.jpg)

1778. 1 Term. [Monday] Jan: 26.

effect of an Insurance and yet Respondentia Interest is certainly insurable.
on the Clause of the 19th 2d c. 37 which makes it unlawful to re-assure, except in the case of the Death of the first Insurer.
Re-Assurance was proved by Mr. Price, Mr. Crofts, and other Witnesses in this cause, and was agreed, to mean, an Under-Writer agreeing with some other under-Writer to take the risk on himself, instead, of some, and in the place, of, the first Under-Writer, and so it is used in that Statute, but it is frequently confounded, and even in some Law Books, with Double-Assurance, which is the Merchant insuring his Ship or goods with two different Under-Writers, to the full Value, with each of them.
Mr. Guinand, the Defendant, stated, though I think it makes against him, that this clause in the Act was made, because it had been prohibited during the War to insure French Ships in England, and since that Act, they had done the same thing indirectly by making an Insurance in France, and the Under-Writer, Re-Assuring in England, that as getting some English Under-Writer to take the Risk from the French Under-Writer, on
/ himself