The New York herald., 1874-12-03
COURT OF ARBITRATION.

Tho General Insurance Company of
Dresden IN Court.
Fl. Becker h Co. Vs. The General Insurance Com
pany OF Dresden.-JudQe Fancher has delivered his
opinion in this case reviewing the lormer decision.
He says s:-"The rehear1ng of this case was prop
eriy granted for = misapprehension as to some or
the facts that occurred at the first trial. In the
statement OF facts as written down at the time by
the arbitrator were the following sentences THE
Herder, In distress, put into the port OF Glasgow
with her cargo more or less damaged. portion
OF the barley, being part OF her cargo was tnen
reshipped in the steamers Ethiopia and Victoria,
bound for New York, to the extent Of 2, 1S9 bags
yielding ,396 pounds, and this portion was re-
ceIved by the owners in New York. The residue
OF the barley was sold in Glasgow, justfably on
account OF damages. e., 504 bags, containing
1922 100 pounds, yielding In money there S2,O97 93
and subject to general average charges OF
$546 33, leaving a net credit OF 1851 co. The
insured value OF this portion sold In Glasgow was
$3,430 43. The arbitrator supposed, from such
agreed statement, that the $546 SO was the appor-
tionment those proceeds OF the expenses OF sale
occasioned by the perils insured against and was
q lien on such proceeds. But 1t now appears from
Q further examination OF the adjustor's statement
and the papers submitted on the rehearing that
the suppositlon OF the arbitrator was incorrect 1t
is now shown that all the charges arising from the
sea uaulaRc W tne Gus Days VI Ddrey ana pertain
ing 10 the sale thereof were deducted In Glasgow
from the gross proceeds or sale, leaving the net
amount OF $2O97 93 1t Is apparent therefore, tnat
the former opinion was based on an erroneous
understanding of facts. There has also been sub.
mitted in the rehearlng statement OF the items
general average adjustor In New York, showing
that the aggregate OF such general average
charges is the sum OF s25 54o7 Is, OF which the
S5as SO are part, and the proportion assessed
IN general average as the contributive share OF
the insured barley. These items appear to be
properly brought In general average. 1t was OBJ
jected by the counsel for the owners that some or
the items were special charges on the cargo ana
charge OF Mr.. Wendt for services and travelling
expenses, and the charge for extra freight be-
tween Glasgow and New York on the cargo for
warded. AS to the charge OF Mr.. Wendt, 1t ap-
underwriters and ne rendered service and
gave advice In relation to the disaster to the
Herder, which the captain accepted As they
were for the general benefit think his charge
was properly apportioned among the different In
terests. The charge for extra freight from Glas-
Cow to New York appears BY the pracIice in such
case to be properly embraced In general average
contribution. 1t Ii conceded that general aver
age contribution cannot be added for particular
average to make up the amount Of damage 10 the
excepted per cent'n
Alter FULL review Of the case with all the facts
before him, Judge Fancher sums up:-Wnatever
may be the proper rule OF calculating partial
loss, In this case under q valued policy, IL seems
partial loss on the 504 bags sold In Glasgow s less
than the ten per cent excepted In the policy. The
proceeds to be received by the owners reduce the
loss below the average. The result Is that the de-
PENDANTS are liable for the general average charge
OF $546 SO, but are not liable Tor the particular
average or partial loss sustained by the plaintiffs.
An award will be made accordingly, and the
former decision In this cause Is reversed.