The Sun.
London, England, 1829-11-23 00:00:00

CLAY C. HARRISON.

This case was argued on Tuesday last. 't.i=tiai
Lord TENTERDEN delivered the opinion of the
Court. The action was on two policies of insure
ance, at and from St. Petersburgh to Hull, on a
cargo of deals by, the ship Providence. At the trial
before Mr. Justice Bayley at the York Spring MIS-11PS
in the last year, the plaintiff (who sued as the as-
signee of Simeon Malleys, a bankrupt) obtained a
verdict for 200/., subject to the opinion of the Court
upon a special case. The facts were these :—Mr.
Malleys, a merchant at Hull, in January, 1825, en-
tered into a contract with Messrs. Hubbard and Co.,
for the purchase of two cargoes of deals, to be paid
for by Malleys' acceptance at three months from the
date of shipment. In August, 1825, Malleys char-
tered and sent out, addressed to Hubbard and Co.,
at St. Petersburgh, the ship Prosidence, for the pur-
pose of bringing the deals to Hull. On the Bth of
October, 1825, Hubbard and Co. shipped the deals
on board the Providence, and signed an invoice and
bills of lading endorsed in black. Malleys, on the
receipt of the invoice, in November, 1825, accepted
a bill for 9231. 2s. Gd., which became due on the
24th of January, 1826. On the 7th of September
and 15th of October, 1825, the defendant subscribed
the two policies upon which the action was brought.
The Providence proceeded on her voyage, and on
the sth ofJanuary, 1826, was stranded and wrecked
off Felskage, near Elsinore. The insured cargo
(with the exception of 40 or 50 deals) was saved, but
so much damaged that the Captain (Younger) did
not think it worth sending out a ship for.--
On the 23d of January Malleys' agent gave
the defendant notice of abandonment, end
claimed payment of the amount of his sub-
scription as a total loss. Malleys was at this
time! insolvent, and the bill accepted by him was
dishonoured. On the 24th of January, Hubbard
and Co. wrote to their agents at Elsinore to take
possession of the cargo for them, as being their pro-
perty. On the 2d of February Malleys' agent sent
another notice of abandonment to the defendant,
who declined to accept it, and also the former no-
tice, unless Malleys could put him in possession of
the goods saved. On the 4th of February the d, -
fendant received a notice from the agent of Huh-
bard and Co., not to pay the loss otherwise than to
their order; stating that the interest on board the
Providence belonged' solely to them. On the 3d of
March, 1826, the agent of Hubbard and Co., at
Elsinore, received from them one of the bills of
lading, which was to order, and endorsed a blank,
and they then applied to the agent of the ship to
deliver the cargo. A public sale took place on the
2d May, 1826, and the net proceeds (2711.75. 10d.)
were received by Hubbard and Co., who commenced
an action against Malleys on the bill of exchange,
but Malleys afterwards becoming a bankrupt, the
action was discontinued.

The COURT was of opinion, upon these facts,
that the effects of the stoppage in transitu was to
rescind the original contract between MaHeys and
Hubbard and Co., and to re-invest the goods in the
latter; and that consequently Malleys had no in•
surable interest.
A nonsuit was therefore directed to he entered.