Page:United States Reports, Volume 2.djvu/225

 Surname Coup.·r·or Pmwloaniu. arg jefl; and kept the caufe under advifement for that pnrpofe, ;7g,_ ’rill `the prefent Temr ; when they gave judgment for the de- t,~,`; [mdant, asin the cafe of a ¤0n·fult. - judgment for the defendant. Incntuu wg/Iv: Gum. PI WHE Jury brought in their ver¤liE`t* in dollars, and the Court ordered it to be fo recorded} Fu1.u:rt ·my‘w M¢Car.t.. I' I `HIS was an aflion on a Pulify of Infurance, `upon the IB Cargo of the Sloop xlfmy, H"HIi.uu Scurhrn l1I.ii{‘I‘, at ‘ and from Pbi!ude¢biu to ilirinirlnil, in which the plaimiff decla- red againft the defendant, one of the underwriters, as for a to- tal lofs. On the trial the following fafts appearctl :-The plain- tiff having fhippcd goodzr on board the floop to the invoice amount of {93 r, fhe failed from 1’l·iI¤d:Q>Ivia on the gtlr-of bfqv t78g, and foon afterwards encountered a gale of 'wind, during vihich fhe fprun a leak, that obliged her on the 20th of june, to make St.Bm·!l·¤im¢·u·:, the neareft port. .A turvey wa; there immediately had upon the {loop, which was foundjncapa- ble of ccniicuing longer at fca; and aliin on the cargo, which proved to be v-ry much damaged; and on the gd, 7th, zoth Sr . 27th of jrhy, Mbnwer t.1`Sr. Um·xL¤k·nm:·: communicated thefe circumfiaiices, by letters, to tiw plaintiff} and further informed him, that as the cargo vras not fri to L.: re·fhipp·:d, it i1ILi·bUt1l {old for 3*:67 picecs of eight, which (together with the account {ales) N. I).z·:;·r: feat in fpccie by Capt. S¤u!Lern, tu the plain- rifii Vfhctt the fisft account of the lloopk putting imo St. _H.:»-Ahalomrwx arrived at PL-iiadtyabia (ou the 23d of__']uIy) the plaintiff was at Cap: }|I.:;·; bu: his clerk (whs had general in- ftruilions to trnnf`.z& his bnlinefk) opental 4lr.'1)n·u.·:.r’: firlt letter, and by thc inltruftions of Afr. I ylur, whom the plain- ttfi`h.1d dircticd him an confuit, he fheweti it to the defendant, and to {Each other of the underwriters as were in the Ziry, on the day it was recegvtd, or un the cnfuiny; day. '1`hefc gentle- men Expreifed iu- opinion upon the nccafion ; but the chris, by .thc adricc of JI:-. J  opened a policy upon the return cargo, for th: benelizuf uhom it might concern, and ti.-; fomicr un- · E ez · derwriren ‘ _'l`·¤i;, I be-ilive, it :i·e ain? infinite of a judicial rohnenfation in Xia-!;.tra,i:• flze bm: Cents nf J‘.'1rs:g.·.’v;m|.

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