Page:Federal Reporter, 1st Series, Volume 7.djvu/252

 240 FEDERAL REPORTER. �made in favor of the salvors themselvcs, and the daim is re- duced to one for services rendered and disbursements made in connection with the cargo by Johnson & Higgins in their capacity of average adjusters. �The foundation for this claim may be supposed to be the average bond referred to in the libel. I say supposed, be- cause the averments of the libel are sadly wanting in partic- ularity. The cause has been argued by the advocate for the defendants upon the same supposition. To any recovery upon this bond the defendants object — First, that the con- tract provides only for "such losses and expensea as may constitute a general average," and here there were no such expenses, inasmuch as the voyage was abandoned, and the community of interest between vesael, freight, and cargo ter- minated by the stranding. But the contract isnot, as the advocate supposes, confined to "such losses and expenses as may constitute a general average." The instrument first recites that losses and expenses have been incurred in con- sequence of the disaster to the Vindicator which may consti- tute a general average, and that other charges thus incurred may apply to and be due from special interests. �After this recital cornes the coyenant, and that is not to- pay "such losses and expenses as may constitute a general average," but in substance that the loss or damage aforesaid — that is to say, the losses and expenses incurred in conse- qence of the disaster which shall be made to appear to be due vphen stated and apportioned in accordanoe with established usage and the laws of this state in similar cases — shall be paid by the subscribers according to their respective interests. This covenant fairly enough covers the expenses of the serv- ices rendered by Johnson & Higgins, and their disburse- ments made in connection with the cargo, notwithstanding it be not a case of general average, By this covenant the de- fendants bound themselves to pay to Johnson & Higgins their proportionate share of any expenses or disbursements chargeable according to established usage and the laws of this state in similar cases. �It is not to be doubted, I think, that this covenant is broad ��� �