The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-22
Superior Court.

Before Chief Justice Jones.
APRIL 81 -Edudrd Dttnscombe VS.. The Georgia Insurance
Company On the 18th October, 1888, the defendants,
who have an Office in New York-insured S., 500 on the
schooner Boxer, the policy to run six months, and the
vessel to be employed " in Inc West India trade, and IN.
GLIDING Demarara and Bermuda" She went, during the
month Of February, in ballast, from Montego Bay, ia.
maica, to st. Martha, q port on the Spanish Maine, but,
when near the latter struck on a sand bar during a gale
of wind, and, after survey, was abandoned, she having
report, declare that the vessel was not worth the expense
of raising, and that her bottom timbers were rotten.
T, The com company II !. r xn.ss t. to PAY pay the .n policy ssyos aallIsgi ing, first .st that
out of place at the time Of being wrecked, ports on the
Spanish Maine not being comprehended in the term
" West India Trade; F" and that the schooner was confined
to trade with the West Ipdia islands, with the privilege,
in addition, of going to Demarara and the Bermudas. ION
have been in prime order when she started from Jamaica,
and that she beat on the sand for fourteen days, during a
gale Of wind, before she bilged. The plaintiffs also con.
the islands but ports on the Spanish Maine, and includes
all the navigation between the Gulf of Florida and
French Guiana. On this latter point much testimony
was presented on the part Of persons engaged in the
trade bet tween here and the West India Islands and the
sPani,h Maine. Captain Owens. an old shipmaster, said
he understood the West India Trade" to mean islands
and all between Demerara and the Bay Of Honduras, and
the acceptation, was between those two points. The
trade with Maracaibo and st. Martha and Csrthagena, is
called West India Trade. Captain Glover said he under.
stood :" the West India Trade" to mean any thing be
tween 10 % N. lat. and SO 80 w. long. Between Jamaica,
and st. Martha is West India trade. Zeb. Cook Jr, one
Of our principal insurance officers, said that a vessel be.
tween Jamaica and st. Martha is in the West India trade.
All the ports IN tne OaIlDDeau sea are suCn. MT. Uen-
niston, engaged in the trade, said he understood all the
ports in the Caribbean sea, both sides, as far south as
Cayenne in French Quay ana, from Gull of Mexico, 10 be
that trade. Others, on the contrary, stated their belief
that the term " West India trade" meant only between
here and the islands, and perhaps trading among the
islands. Vessels plying between here and the Spanish
Maine they said, are called /" in the Spanish Maine trade.'
The Court, in its charge, stated that g vessel, in order
to be seaworthy, must be in good condition every time
she leaves port. If the jury thought thatthis vessel wss
so they would find for plaintiff on that point, otherwise
for defendant. In regard to what 10 considered I" the
West India trade' some owners think they have a right
to go any where, but the views Of this Court have been
different. Is 81. Martha in the West Indies; geogrsphi-
cally considered, certainly not and would q voyage
between st. Martha and Jamaica, be considered, as re
lates to New York, the West India trade 2 Was the ap-
parent meaning Of the policy, as commended by plaintiffs,
to comprehend al! between Bermuda and Demarara, or
were those places specifically mantioned as sffordisg the
same kind Of trade as the West India islands dc, and
which is wholly different both as to imports and exports,
from that Of the Spanish Maine. The jury must weigh,
from the testimony, what is considered here the trade in
question, and whether or not the vessel was out Of place
in going to st. Martha. If they find for plaintiff they
will do so subject to the opinion of the Court. The jury
returned a verdict in favor Of plaintiff for principal and
interest, being 81 942 SO.
For plaintiff, Messrs. +. B. Cutting and Chas. O'Connor.
Mr.. Daniel Lord. Jr. for defendants.