Express warranties 628. An express warranty is a stipulation inserted in writing on the face of the policy, on the literal truth or generally. fulfilment of which the validity of the entire contract Definition of depends (a). (a) This definition, which is reproduced from the previous editions of this work, is framed more with regard to the legal effect of a warranty than to its nature. A definition in the terms of the Marine Insurance Bill, 1899, seems preferable: i.e., "An express warranty is a stipulation inserted in writing on the an express warranty. Sect. 628. Promissory and affirmative warranties. Express warranties must be written on the face of the policy. These written stipulations either allege the existence of some fact or state of things at the time, or previous to the time, of making the policy: as, that the thing insured is neutral property, that the ship is of such a force, that she sailed on such a day, or was all well at such a time; or they undertake for the happening of future events, or the performing of future acts: as, that the ship shall sail on or before a given day, that she shall depart with convoy, that she shall be manned with such a complement of men, &c. (b). In the former case Marshall terms the stipulation an affirmative, and in the latter a promissory warranty; but the distinction between the two classes is one rather of form than substance, many warranties that are in form affirmative being in fact also promissory, as e.g., the warranty that the ship is neutral not only affirms that she is so at the date of the policy, but also engages that, as far as depends on the assured, she shall continue neutral throughout the duration of the risk. 629. It is a fixed and long-established rule that nothing can amount to an express warranty-i.e., to an explicit condition, on the literal truth of which the validity of the contract depends—unless it be inserted in writing on the face of the policy (c). For instance, a written paper stating that the ship "mounts twelve guns and twenty men was held not to be an express warranty to that effect, though it was wrapped up with, and enclosed in, the policy when brought to the underwriters for subscription (d); and the decision was the same with regard (b) 1 Marshall, Ins. 353. (c) According to the Marine Insurance Bill, 1899, s. 36 (2), “An express warranty must be included in or written upon the policy, or must be contained in some document incorporated by reference into the policy." (d) Pawson v. Barnevelt (1779), 1 Dougl. 12, n.; accord. Higginson v. Dall (1816), 13 Mass. 96. It was recently held by the Court of Appeal that parol evidence could be given to connect a document with the envelope in which it was sent, and that the two together formed one memorandum within the meaning of the Statute of Frauds. Pearce v. Gardner, [1897] 1 Q. B. 688; cf. Boydell v. Drummond (1809), 11 |