Page:United States Reports, Volume 2.djvu/286

 28o Cases ruled and adjudged in the 1797. Wm. 183. It is only a moiety, therefore, of the furplus of the va`) joint iiock of 1ll•Car:y if Cumoningr, after paying eve lawful claim againil: the company, that can, in my opiniomrhe liable to the attachment inliituted by PringIe’s arlrniuillratrix sgainil M ‘Carty, to recover a {`Tante debt. Sm·rr·r, _7u.m?·:. As agree with the Chief julticc, in every point of his opinion, for the reafons which he has alligned, it would hc fuperiluous to exprefs more than a general concurrence in the judgment of the Court. Br rue Comer: Let one moietylpf the money attached be paid by the garnilhee, to the adminil trix of _‘fvl•u Pringle; and letthe other moiety be paid to the plaimitf in this a£tion. Deceméer Term, 1 79 7. ..·- .`$¤•-— Cauznursc e:$u· M*C.u.L. D, M7/I‘HIS was an aéiion on the cafe, ona Policy oflnfurance da- ‘ H' I • ted the 28th of Oéiaier 1786, on the fchooncrgebu, Na- thaniel Simmons mailer, on avoyage from Barb, or I t¢i:.·gre.e, in Narib Cm·eHna, to the Illand of St. Tbomur. It was a va- lued policy, in which the PlaintiiPs moiety of the Schooner was valued at égoo; and the aéiion was brought for a total lofs. i The eau e was lirll tried by a fpecial jury in September Term . 1796, when a general verdiélz was found for :hcPlaintit`l*, with 289 dollars and 84 cents damages; but, in confequene: of an agree- ment between the counlicl, there was a fecouel trial in Illurcb term 1797, when the jury found a fpccial verdict, in thefe terms. ¢¢ And now at March term A. D. :797, to wit cn the twen- ty-fourth of the {Enid month, ajury to wit, Ste. being duly im- panelled, tried, {worn and allirmed, refpeélively, to try the i{l`ues joined between thc parties aforelitid, on their oaths and. allirmations aforefaitl, fay, that on the 28th October 1786 the plaintiff then and ever lincc relided in the {late of North Carc- lina, was owncr of one half of the fehooner in the declaration mentioned, her tackle, apparel and furniture, of the value cf three lnundred pounds, lawful money of Pcnnfylvania, and tan t. e

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