The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-11-27

| fieru'tH ana iiIghm3R tor the plaintiff.
| Hopkins and Iocorfoll for 'he defendants.
| Inc circumstances were fubfantially n fol-
low The fchonner Alert, on voyage from
New York to La Vera Cruz, cauCcd infurance
60 he made thereon To its full value by feverai
potcies, lone on the outward voy ,ge only, o.
thers out and home. The outward notice
contained the ufn1l cIaufe, "bcrinning the
rik at and FROM" &C. sand fo to con,inr
and endure until the velTel arrived nj La Vera
Cruz, and the .aid goods TO b. there r,felv
landed, &c. The Alert failed from New-Yors
on her faid voyage, in Auguf, 1901, and on
the 9TH October following the plaintiff made 2
written application 10 the defendants for infnr.
| ance ON the bomcward cargo, ltating that fI,c
mad 'eft New York on the 18th OF AuCuit pre-.
ced'hg, hnce which no accounts have been re-
ceived OF her, and defcribing her as having been
then IN complete order, and in all reflects fit
ted for the intended voyage. The defendants.
accordingly, by policy, dated the 9th of DC.
tober, 1901, made infurance on the cargo of
the Alert, for the fun of fifteen thouiand dol
lars, " at and from La Vera Cruz to New
York, with liberty to trade and touch at thu.
Havana and New Orleans alta premium of
IL per cent.-io return five, if fle ihonld re-
turn direct from La Vera Cruz without touch
ing at the Havana or New Orleans, and
fhould arrive fate.
The Alert was twice captured on her out
ward pailage; her matches were broken open.
and almoit every box and package in the hold
forced by the crew of the former of the
capturing vsiiels, under the pretence of iearch-
ing TOR contraband. BY the other fbe was
Carried into Jamaica, and being liberated
after trial and a detention of nearly two
months, HE proceeded with the fame cargo,
on her voyage towards Vera Cruz, during
winch The experienced heavy gales, and was
injured IN her MATS and rigging. On the 9Th
OF December ihc arrived and let 90 her anchor
outhde the fort and harbor of La Vera Cruz.
but after tay there of few hours was or.
dereo by the governor to get under weigh i'm
mediately and proceeded to fea, and was COM
peiied 10 TO do, not being permitted To land A.
ny part of her cargo, or to take nothing from
the fhorc. She then proceeded for New-Or
leans, that being the neareG port ihe could
reach, where fhe arrived the oath OF the fame
month.
The plaintiff having received information of
her arrival at New Orleans from the G,oerc,r-
go, who expreied an intention of proceediog
thence TO the HAVANA, 10 fearch OF > market
as loon as The neceildry repairs ihouid be done.
TO the veilei, applied to the defendants GA the
llth or February, 1902, for permiition 10
touch and trade at the Hivanna This permic.
fon was granted, aud the following claufe adj
ded to the policy, viz: g Ii being Iesrefcn,ed
" by the atiured, that the above named Echoo.
" ntr Alert has arrived at New Orleans from
" La vera Cruz, 1t is agreed at their reduef
" aud IN confederation Of A half per cent. addi
" tIonal premium, that ihe may proceed from
" New Orleans 10 Havana, and from thsrcs
" to New. York, without prejudice to this in
" iurance." 1t having been, however, afcercer.
taned mat the port or the HAVANA was fhur
againit American Veiiels before the Alert had
left New Orleans, ihe did not proceed tiither
& intended. an Il
ihe had brought from La Vera Crux, (b-ine the
fame ihe had brought from New. York; Glr
took on board cargo of cotton of the value of
about nine thouflnd dollars, with which 0,e
proceeded directly to New York, where fbe ar
rived IN lately. Ut appeared that the value of
the cargo OF cotton was fully covered by prior
policies on the homeward bound Ilik, if .tbev
attached at all.
Upon theie facts it was contended by the
PiaIntiH 8 conhiei, that by the expreis terms of
the contract, the rik nn the outward policies
was TO continue until the arrival of the Alert AT
La Vera Cruz, and the goods mould he fafrlv
landed that lftney ceafed on the arrival at La
Vera Cruz (the entry of the vefeI and the land
ing OF the cargo being prevented by an intcr.
dIction OF conmerce) the rilk was thrown on
the plaintiff; that rs TO Gay the homeward bound
riik attached TO the cargo carried from New.
York to La Vera Cruz would be alike contrary
TO the expreiS terms of the contract, and to the
meaning and intention of the parties, neither
OF whom conld have contemplated the return
of the cargo fhpped at New. York that it was
implied IN every contract of inillrdnce, and in
diipenidbIe to its being obligatory on the inGur
err, that the ihip at the commencement of the
rk injured Iha!l be fitted in all refpe6s for tbe
intended voyage, and that the goods ilal be in
svo'' order and properly laden that in this
cafe, BY occurrences, not known 10 be injured
aud therefore not communicated to the iufnrer
at the date OF the policy, neither veGeI nor car.
go were in fuch Iituaton, as by the ;n,pI;ed
contract would be neceilary to bind the I'M
derwriter, OF whom no indemnity could have
been recovered, had lofs happened. with
retpeti to the cargo Ripped at New. Orleans il
was conteuded that il the homeward poli,ies
could be conidered as attaching to it, the pri-
or policies OF that Description were fu;1icient TO
cover il & that the permiiliHn to 20 to the fla.
wanna, could have no effect, becaule evidcntIy
applied for and granted under miAaken q.
pinon on both fides, that the homeward poll
cies had attached and the premium bsisg
earned that this mitake would have protected
the underwater from liability for loC,, and
ought not TO defeat the plaintiffs claim to A
return of premium.
On the other hand it was commended NV tbe
defendants council, that the outward rins cear.
ed ard the homeward riis began ut the moment
the Alert cat anchor, at Ia Vera Cruz. the
hor.cward policies being cat and from" Vera
CrUZ that no chain was contemplated by the
parties, who evidently intended that the home