Page:United States Reports, Volume 2.djvu/228

 222 Casas ruled and adjudged in the 1794. cient ground, agreeably to the authorities cited, upon which ` MNRJ the infured may abandon, and convert a partial, into a total, loft. . On the jéccnd pofition, the plaintifs counfcl admitted, that the infured mult make and declare his eleftion to abandon with- in a reafonable time after knowledge of the lofs ; but they urg- ed, that what conltitutes a reafonable time has never been {pe- ` eitically defined; it mult depend on the particular cireumitances of each cafe ; and it has been {aid to be fomething like notice on bills of exchange; Park. In/Z' 92. 192. 3. 1 YZ R4; ` 616. 6r4. The communications made to the underwriters, during the abfence of the plaintili, wereas prompt as could be exaétcd ; and his approbation of the coudu€t of his clerk, can- not certainly_be conlidered as a waver of his right of abandon- ment. It _was reafonable for him to wait ’till he knew the iifue » of the f ales at St. Burtbulomewr, before he exercifed that right ; and in the precaution of opening the fecond policy (which it · was iniiiied would be valid, whether the plaintifi, or the under- writers, {hould ultimately be_deemed irrterelled in the property) he acted with candorland prudence. But the moment captain _ Southern arrived, the plaintiff claimed as for a total lofs; and _ though the underwriters rcfufed to admit the claim, they co-, operated with him in the fubfequent meafures to recover the - money ; He {leered a middle courfe, for their mutual bericlit, and {hall notbe prejudiced by it. 2 T Rep. 407. Parke Lgjl · 173. Tt'is true, the authority fays, that *5 unlefs the owner does. . _ _/bmw!} iignifying the intention to abandon, it is only a partial lofs :" 1 T. Rqb. 615. but the early claim for a total lofs was a fuliicicnt maniicitation of the plaintiE"s intention; and no form of abandonment is prefcribed by any law, or authority, ex- tant. The p1aintill”s conduél on the 29th of _‘}•'u6·, was tanta- mount an abandonment ; but even if the formal act of the 6th ` of Nbvcurbcr was neceifary, it will be remembered, that the un- derwriters have {offered no inconveniency, or injury, by the dela. ` ` _ '1`iaa Coeur, on the 24th of _7nnum·y 1794, delivered their opinion, •* that the plaintiff cannot recover in this action, as , · for a total lofs g" and judgment :1;% was, thereupon, entered for . _ the defendant."" . E. Tirfgbgrzan, and I.r·u·i.• for the plaintiffi Ingnjill, and Il!. Levy for the defendant. . _ 4 ` ._ jbnuary for rv-argument, which took place nn thetoth ref S·y‘*!t·nn .r r·;¤)4. - Tut: Corrrr, however, adhered to their former op.niou;' and, on tl.t: zz;} of _'}'c;:mzv_;;· iygs, gave ·, . - · janlgitent for the dcltndant. '
 * A motion, on behalf of the plaintiff, was made am ·grant•·d,

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