Nova Scotia Archives

The Eassons and the Hoyts

Two Hundred Years of Family and Community Life in Nova Scotia

Letter, John Avery to Francis Johonnot

Giving an opinion regarding insurance liability on the sloop Wren and cargo, which was lost in 1751 and not properly insured. Easson was a partner in Dyson & Company, the company that owned the cargo. Avery concluded that "Captain Mauger" ought to share in the loss sustained by his failure to obtain insurance through the proper channels. Undated but ca.1753-54.  ca.1753-54.  2 pages : 30 x 50 cm.   Easson family Nova Scotia Archives MG 1 vol. 3478 A/21

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          Mr. Francis Johonnot
          At your desire I have Examined the papers relating
to the sloop Wrens insurance in dispute. I really think your
friends Dyson & Compy have great reason to complain of Maugers
Conduct with respect, to sd [said] Insurance for these reasons . Vizt
1st As Capn Mauger was the Cause of Dyson & Compy Altering their
own Channel of Insurance by urging them to let him do it by his
Uncle Nicholson in London, in a way and method peculiar to
himself, which was by ordering him the sd[said] Nicholson,
to have it made in his own name, by this means the Policy must naturally
rest in said Nicholson’s hands, & in case of Loss the sd[said] Nicholson
may Easily adjust with the underwriters, if he pleases to the
prejudice of the Owners of the Vessell, as they never can come to the
knowledge of the Insurance, nor make any Legal demand in case
of a loss especially as said Nicholson was director of the Office of Insurance.
2nd It appears plain to me that if the Insurance failed for want
of giving said Nicholson proper advice, as sd[said] pretends to
say, that this Error lays with Mauger, as he received proper direction
from Dyson & Compy: ....    3rd Capn Maugers Keeping this
Matter so long a secret as from Novr 1751 to July 1752, in this time
Not to let the owners know whether the Insurance was made or
not, in This Time he must certainly have had frequent advices
from his Uncle Nicholson, as he had a constant Correspondance
with him then, In July 1752, When he was asked by Major Philipps
what the Premium of Insurances was, he answered about L30 - -
at the same time desired Maj. Philipps to write to Dyson & Company
for the papers relating to that voyage, which must be Supposed to
prove & support the Value of Insurance, made on said Vessell & Cargo,
In August 1752, said Mauger Recd Acco’ts from Dyson & Compy, wherein
was the Charge of their loss on said Insurance then in his answer
to these Accounts to make no exception, to the charges of this Loss
this must carry a tacit consent to the Justice & Propriety of the charge
          Notwithstanding this to keep Silence *13 Months longer
Before any objection is made, and not to Note any Failure of the
Insurance ordered, - This I must say carrys with it a strong
Suspicion of male Conduct or wicked design in said Mauger and
Cant be reconciled with the fairness and openess of a Friend, or

          *NB the 13 Months above mentioned is a mistake as the Acct was exhibited
          To Mr. Mauger in July & no answer in regard the Insurance till Decr following

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