On the Volaiitity and Inflammability of Fish Oil. 253 



this circumstance in order to show that the defendants could not 

 have conceived that they were insuring an ordinary risk, but one 

 of a peculiar nature, and from which if they were to sustain loss, 

 they had no right to complain, as they received a premium com- 

 mensurate to it. He should now have lo draw their attention 

 to the description of premises over which the insurance had ex- 

 tended, and which comprehended a grinding-house and stoves, 

 an engine-house, a filling-house, and a warehouse secured by 

 iron doors. (A wooden frame, containing a plan of the entire 

 building, was here i^roduced in court, and was made use of by 

 tlie learned gentleman to illustrate his description.) This plan 

 was offered to their attention, in order to assist, if possible, \n in- 

 quiring into the circumstances which attended the origin of the 

 fire. It was not necessary for him to carry the jury through all 

 the pleas upon this record. The material one on the side of the 

 defendants was, that the fire had been occasioned by a cause not 

 included within the risk insured. By stating the case in this 

 manner, he hoped to disembarrass it, and disincumber it of 

 whatever might tend to perplex their inquiry. It was pleaded 

 on the other side, that the plaintiffs had used a process of heat- 

 ing oil which had increased the risk, and that this process had 

 been introduced subsequently to the insurance. Now, he should be 

 able to show that the apparatus in question was separated by a wall 

 and iron doors. It might then become a question, whether, what- 

 ever might have been incumbent on the plaintiffs to state to the 

 insurers at the outset, they ought, upon the adoption of this pro- 

 cess, to have subsequently apprized them of it. He should con- 

 tend that his clients were not bound to make any communication 

 on this subject, unless the defendants themselves had thought 

 proper to inquire in the first instance. Supposing, therefore, the 

 risk to be increased by this new process commenced upon conti- 

 guous premises, the plaintiffs were under no obligation to dis- 

 close the circumstance unless the insurers thought proper either 

 to inspect the premises, or seek information; in which case, his 

 clients were undoubtedly bound to make a full and unreserved 

 disclosure. His clients were engaged in the busin-^rs of sugar- 

 refining to a great extent, and the processes by which that ope- 

 ration was carried on were almost as various as the establishments 

 engaged in it. Those, therefore, who insured such manufactories 

 were bound to examine the mode in which they were conducted, 

 if they had in contemplation to limit their insurance to any given 

 risk; and if they did make such an inquiry, it was the duty of 

 the other party to leave no circumstance concealed. When he 

 talked of a variety of processes, he would endeavour to make 

 himself intelligible. The original and simple mode of refining 

 sugar was, to place it in a pan, with a fire under it. This, how- 

 ever, 



