i: LEGAL CASES DECIDED ON 
proved there was no representation at all as to the state of the life, nor 
any question asked about it : nor was it necessary. Where an insurance 
is upon a representation, every material circumstance should be men- 
tioned, such as age, way of life, &. But where there is a warranty, : 
then nothing need be told ; but it must, in general, be proved, if liti- 0 
gated, that the life was in fact a good one; and so it may be, though he § 
had a particular infirmity. The only question is, whether he was in a 
reasonable good state of health, and such a life as ought to be insured fre 
on common terms.’ 
The jury found for the plaintiff without going out of Court. 
WiLris v. PooLe. 
An insurance was made on the life of Sir Simeon Stuart, from the Ist " 
of April, 1779, to the 1st of April, 1780, and during the life of Eliza v, 
Edgely Ewer. 
The policy contained a warranty that Sir Simeon was about 57 years 
of age, and in good health, when the policy was underwritten, and that 
Mrs. Ewer was about 78 years of age. 
It appeared that, though Sir Simeon was troubled with spasms and - 
cramps, from violent fits of the gout, he was in as good a state of health on 
when that policy was underwritten as he had enjoyed for a long time " 
before. 
It was also proved by the broker who effected the policy that the 
insurers were told that Sir Simeon was subject to gout; and Dr. He- 
berden and other gentlemen of the faculty proved that spasms and con- 
vulsions were symptoms incidental to gout. 
It appeared that Sir Simeon died within the period of insurance. wm 
Per Lord Mansfield—The imperfection of language is such that we an 
have not words for every different idea; and the real intention of the 
parties must be found out by the subject-matter. By the present policy 
the life is warranted to some of the underwriters in health ; to others, in 
good health; and yet there was no difference in point of fact. Such a 
warranty can never mean that a man has not in him the seeds of some 
disorder. We are all born with the seeds of mortality in us. A man 
subject to the gout is a life capable of being insured, if he has no sick- 
ness at the time to make it an unequal contract. 
Verdict for the plaintiff. 
StackroLE v. Simon. 
An insurance was effected on the life of a person of the name of Drury 
Sheppy, for one year from the 1st of April, 1777, to the 1st of April, 
17498. 
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