Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-04-21

1 lfanv fuch attack was made, he fhcu!dnot
DC io.fY that it would give him an opyor-
tority OF repelling il. This EaiP failed
win her cargo, and when fhe got over the
pr lie net with exceeding bad weather,
and an heavy fea, was Obliged TO return,
and was cat Gu q rock, where lhe remain
ed Tor twenty minutes, and received fuch
considerable damage, that ii was found ne
eeilary to uaload her cargo OF f4lt and if
the IMP had been repaired there, they mua
have warehoufed The cargo, which would
have colt more than the value Of the ialt.
L wonld have required two months TO
have repaired the Zip. Ia tbs ftuation
of things, TIE plaintiff abandoned 10 the
underwriters; as his lordihip would IN
form them he had a right TODD, and went
in this action for total lois.
The latis Of this opening were proved
by leveral witnefes. When they proved
the plaintiffs abandonment to the under
writer's, they ALTO read tie anfwerto MeGrs.
Crow Their and Levic, the folicitors ioI the
underwriters. Ii was to bis effect " that
the underwriters did not Zee the propr;efy
OF the plaintiffs abandoning where fo III.
comfortable lois had been faaained; that
the plaintiff fhould proceed to repair the
fhip; and that the underwriters would u
tima,ely pay any lois or demand that
could be fatty brought againa them"
Mr.. ErNzine, Tor the underwriters in
the coufe of his very eloquent fpeech ob-
feryed, this was point Of infinite mo-
ment to the uawriting world. lie fnb-
mittcd this could never be cafe CT the
abandonment, after what had already APP
peared 10 the caufe. The hip might havc
been repaired for between three and four
hundred pounds, and there was only a lols
OF 8 Per cent. on the cargo and il The
fhip had been repaired, and brought lone,
the cargo and The freight would have been
iaved 10 his clients and if there had been
fmal deficiency Of freight, OH account.
OF part of the falt beng dliIolvcd, the IN
derwriters On the freight would have
made up that lois. As TO the report .hat
was circulated againf Mr.. Burke's cha
ratter, he did not believe there was The
leaf foundation for it and therefore he
might make himfclf perfectly ealy en- that
head.
The plaintiff in fucha cafe as this, had
10 right to abandon as for total lcfs
without the content Ct the underwriters.
Without that content the aAurcd had nc
right to abandon, when the adventure
was not l2e, when the yefal had beer
but one day out Of port, when, in the
fpace Of for:y days fhe was capable Of be-
ing repaired at moderate eSp,nee, and
could be rendered capable Of performing
her voyage.
Lord EIlenborough fummed up the evil
dence, as it applied difinctly 10 The
fhip, the cargo. and the freight, which
his lordhip obferved might be confdersd
as three diaina policies Of infurance.
His lordlhip, in delivering his opinion to
the jury, evidently inclined to coniider hi
as an average, and NOT as total lois. -
However, he left the whole cafe to the
jury. He laid they might find tctal
lois as to one of theie three things, and an
average as to another.
The jury found the lois to be az ase-
rage lois with regard TO all the three
points, the fhip, the cargo, and the freight;
and they laid that Mr.. Wood was as fit
as any man in the kingdom TO afcertain
the amount Of that average. Il was
therefore referred to him
From Lond0u PAPER Of Marrb 6.