The Sun.
London, England, 1806-07-23 00:00:00

and-again beat lier ;Ai; hut in the evening she re;
newed the fight; and they V.:ercreluaantly obliged
to yield to stwerioriforee. The _present .aaioti At'as
brought by the I.c.icentors, in behalf of the widow of
Capt. Philips. And it under-writers had .an sr de-
fence to makejot which the Learned Cotin,,el
not aware) under such circumstances, . , Must be a
very ungracious one, to say the best. •,
The filets being admitted, ,
The Learned 'Counsel for the Defendant said,
that in answer to the latter part of his Learned,
Friend's speech; he begged,leave•tO state that there
was Mit a more respeadble person in London than
'the Defendant :.nor,,would he, ever have defended
this aaion, had'he not' understood that the Plaintiffs
meant to gO for h general -loss, when they were only
entitled to an average loss. •
A verdia was accordingly found for the rlaintiffs,
the amount of the average loss being referred to ar-.
bitration.

MARTINS V. PARKER..

1 This was also an af.liOn upon a Policy of Insurance
upon goods, by the Amavilla Eleanore, a Portuguese
Ship, from Lisbon to Venice, which was captured
by a French Force.
The ship in question sailed from Lisbon. upon
her destined voyage in company with another arm-
•ed vessel, called the Cavalla MN-kale.. In the.
Streights of Gibraltar they experienced such severe
weather that they were obliged to make some near
port ;. but the wind blowing fresh from ,Gibraltar,.
they were under the ,necessity of going to Malaga,
where the ship in question under Went some repairs,
and the- cargo was taken out and re,shipped.—
These seas being infested by swarms of the enemy's
cruizers, the Captain thought it prudent to watch
his. opportunity of putting to -sea; especially as he
had a French Privateer next to him in the harbour;
watching all his motions. He was further delayed
for want of sufficient bands, as several of his .men.
deserted.. He might, to be sure, have-bad a supply,
fbr it was offered;. but, this was part of the .Crew
of the Privateer who had been watching ail his.
motions, and he IhOught..better to.rejeEt then3.-=--
, At last, however, he prevailed. on the Governor to.
:detain the Fretichman. for 24 hours after he shOuld
sail ; but all this precaution was in vain"; 'for ,he had'
not been long at sett, When .he was attacked by two.
or three Privateers, which he fought as long as he
could, and then vas obliged to -surrender at iiiScre-
, tiun.

The Defendant endeavoured to slew that there'
was a deviation froni the original Voyage, and it was -
the.duty of the captain to have. got into Gibraltar ;,
but the,Learned Judge, considering that the going
to Malaga instead of- Gibraltar. was 4 case of neces-
sity, and could, not vary the •
The Jury totmd a verda for the Plaintiff..

JULY, 22,

MANCE 17. POTTS.

' This,was anaaion on a policy of insnrance,on the;
ship James; from Jamaica to Bristol.. The question-
was, whether a fair representathin had been made to
the Underwriter. She sailed with convoy, but was:
missing in the Gulph of Florida, The Plaintiff re,
ceived information to that. 0-ea, and immediately
procured a policy. He described her.as. having been
missed after,,the convoy had passed the Gulph, and
that she was somewhere near the convoy. If this
had been true, the risque, insured.would have been
a fair one, because the danger of capture-would
,have
ceased had she been separated afterpassingt he Gulph,
where _the Privateers of the ..F.'nemy abound; 'but it
•turnedbut that she had, been missing,before the c0n,..-
voy\ cleared the .Floridas, and consequently had the
•Underwriter been apprized of that fa6t, the premium.
'of insurance would .have been considerably higher.
The Plaintiff was of course uonsuited.. •