In Thompson v Gillespy (1855) 5 E & B 209 per Lord Campbell CJ at p.223:
If she sailed on the voyage in a seaworthy condition, the merchant was to advance one fourth of the freight, which he could not recover back if the ship, having so sailed, should afterwards be lost by the perils of the sea, without having delivered any part of her cargo. …But [the shipowner] could not have the benefit of this indemnity unless, at the commencement of the voyage, the ship was seaworthy.Read more here: http://caselawquotes.net/A/AdvancedFreight.html
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