Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-07-28
INSURANCE CASE.

II Lar CdSe.-'tiarcla q 20. against the Ame'
rican Insurance Company Of New York"-has
excited good deal of interest among the mer-
chants Of that city. A report of it has appear.
ed in some of the newspapers. but tits pronounc-
ed inaccurate by others. The Journal Of Com
merce published detailed report, prefacing it
with this paragraph.
We publish to day, one of the most extraordi.
nary Insurance Cases, which has ever come to
our knowledge. Extraordinary, we mean, not
on account of the amount OF property involved,
Though this is very CONSIDERABLY or any pecu-
Iiarity in the conduct Of either Of the parties.
which so far as we can see, has been upright and
honorable, but on account OF the abundant evil
dence, from most respectable sources, which tax
en- in the aggregate is in direct opposition to an
acknowledged and unquestionabe fact. Evil
dence which seems irresistible, is presented to
show that the specie nvoiced in the Manifest, was
put on board at Havana; that it could not have
been removed until after the vessel had sailed. or
at any subsequent period of the voyage, either
before or after her abandonment; and yet that it
was missing when the wreck was boarded by the
North Carolina Pilots, and its place supplied by
quantity of old type and shot Now all this
is impossible, and involves the most glaring alb
surdity Under such circumstances, who shall
unrave the mystery? After five days diligent
investigation, the Court have gwen up the attempt
in despair; and where they have failed, we
shall hot undertake to manifest our superior wis
dom. Seldom has any case been conducted with
greater ability, in the Superior Court, or any 9TH
err For the Plaintiffs, +. T. Payne. Peter A.
Jay, and David b. Ogden; for the defendants,
d. Lord, il. John Duer, and George Griffin.
The following by the plaintiffs counsel, sp-
pears to be fair synopsis of the case:
L. I. Payne, attorney for plaintiff. stated that
this was an action for total loss under an open
policy of insurance, dated Goth July, 1880. The
policy was for $50, 600, and the insurance on any
one shipment not to exceed $4,000 The car
90 consisted of sugar and cigars valued at
about $4,000. the specie amounted to about the
same. The plaintiff conducted two houses
one in the city, and one in Havana. The ship
ment in this case was from the house in Havana
to the house here. The vessel was the brig Ka-
tharine, Capt. Mayo. On the 9th of August last,
the property was on board the Katharine, and on
that day she sailed. On the 10th of August when
off the coast of North Carolina, she encountered
severe gale from the S. E. and was driven on
the coast: and on the 18th notwithstanding eve
ry exertion to save her, this proved unavailing,
and she was abandoned by the capt. and crew.
She afterwards sunk without saving any thing from
her. About 4 O'Clock in the afternoon, they all
arrived at place called Baldhead, n. c. NJ
merous inquiries were made by persons residing
there In relation to the vessel and cargo, which
were distinctly and freely answered, and all in
formation given that was requested about her,
The capt and crew, under the firm belief that
she had sunk. embarked for New York. On the
18th and 18th, after they had left, several indi-
viduals went to the vessel, and on the 28th, sue
ceeded in towing her to the beach, when she was
boarded by them and examined.
On the lst of September the boxes IN which
the specie was shipped were found, and on open
ing them it was discovered that the silver had
been taken out, and types deposited in its
place On the arrival of the crew in New York,
information was Immediately given to the several
in which the insurance had been effect
ed, of the loss, and no objection was then made
to paying it. But on learning subsequently that
the silver had been displaced and type inserted
in its stead. they refused to pay it without fur
Their investigation. We do not at all blame them
for this course. 1t is natural that the company
should have resisted the claim, in order to have
that matter examined and explained In Octo-
Der this suit was commenced. and since that
tune every exertion has been made to explain
the loss OI tne specie, uul Wilhout avail. VIII
nesses have been examined both IN Havana and
Badhead, in relation to the specie, but the mat
ter is totally unexplained.
We will show you distinctly that the sugar and
cigars were purchased in Havana, and laden on
board the Katharine several days before she sail
ed. We will also show you that the specie was
purchased there by brokers, according to the
usual custom, and sent to the counting house of
the plaintiffs, and counted. That it was after
wards packed there by an individual IA clerk of
the plaintiffs well known in this city, of high
standing, having many connexions here. and con-
veyed in his presence to the wharf, in company
with one of the plaintiffs and another clerk, and
placed in the boat Of licensed boatman, to be
carried to the vessel.
The head of one of the boxes, when they
were handing it to the boat, started, and the sill
yer contained therein in Campeaccy grass bags,
was distinctly seen by them. The silver was
then sent on board the vessel, attended BY all
these individuals, apd put on the deck Of the