Page:Federal Reporter, 1st Series, Volume 6.djvu/574

 662 ' FEDERAL REPOSTEB. �to interdict such an assessment as that of which the plain- tiff complains, his right is sustained by a bonstruction to such effect, and will be defeated by the opposite construction. �The act of 1875 employs the identical phraseology by whieh the constitution defines the grant of judicial power which congress may confer upon the inferior federal courts, and, I cannot doubt, is intended to confer the grant to the full extent authorized by the constitution. Judgment' is ordered for the plaintiff. KoTB. See 3 Fvd. Ref. 254. ���Ltint and others v. Boston Marine Ins. Oo. �(Circuit Court, 8. B. Nm York., 1881.) �L Makinb Insubancb — Promissort Ubprbsentation — Substautiai, �COMPLIANCE. �A substantial compliance with a promissory representation is suffl- cient to sustain a contract for marine insurance. �2. 8ame — Seawobthiness— BuRDEN op Pboof. �Seawortliiness must be showji by the assured, where proof of such fact is neceasary to excuse the non-oompliance with a promissory representation. , �3. Motion for a New Trial— Exception to Instructiok— Specific �Oboeotion. �The failure to specify the precise point of objection, upon a broad �exception to an instruction, where the latter may very possibly have �had a material influence upon the verdict, will not def eat a motion �, for a new trial upon the ground that such instruction was erroneous. �4 Marine Insurance — Promissory Representation — Substantial Compliance. �The cargo of a vessel which had been pronounced unseaworthy was insured upon. the representation that she was "to be repaired." Upon a new survey, however, it was found that no repairs were re- quired, and, the same were therefore not made. Ildd, that the f air construction of the representation, assumlng it not to have been the statement of an expectation, but a promissory representation, was that the vessel was to be put in a seaworthy condition for her voyage before the commencement of the risk ; and that, if she was in that condition when she left the port from which the cargo was insUred, the representation was satisfled. ��� �