Court Of Common Pleas, Sa...
a1 ms was an action on a policy of insurance to recover 2001., being the amount of the defendant's subscription bn the cargo of the ship Clarencc, consisting of 230 casks of tatUow. The insurance was effccted on the cargo on a voyage from St. Petersburgh to London. The ship sailed from St. Petersburgh, and in AMarch, 1823, was compelled to put into Copenhagen to refit, having sustained some damage. The captain having no funds, was obliged to hypothecate the vessel to pay tor the repairs. The Ckereece again set sail, and on the 5th of April she struck on a reef of rocks off the coast of Jut- land, and sustained so much damage, that upon a consultation being held, it was found impossible to repair her. The greater part of the cargo was mitch injured, and it was found necessary to sell it im- mediately. The plaintiff gave the underwriters notice of aban- donment, and claimed for a total Ioss. On the part of the defendant, it was urged that the ship could have been repaired, or at least that the cargo might have been transferred to another ship. Evidence was given'that some of the tallow had'been sold in Den. mark on condition of, being exported, and that the plaintiff had given dir6ctions to lds agent with respect to, the manner of disposing of the cargo after he hadgiven nodce of abandonmen.t. It was, however, proved on the art of theplaintiiff, that when he gave the defendant no?ice of abandoment, he, the latter, decIrei thathe twiouldhven. tligto do with the sbap or cargo. su6 jury fewl4 for Ih~ pl?ain. . COURT OF COMMON PLEAS, SATTURDAY, FEE. 2B. SYX10ODS V. VAL'X.