The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-15

handing payment of the policies. That
(Sec. 10) the companies refused to accept
such abandonment and procured a survey
Of the vessel as she lay at Keawanui,
and annex copy of survey, and the survey
recommended the floating and repair of
the steamer; and a contract was made
for floating and repair. That (Sec. ID
the steamer was hoated, second survey
held and the companies caused her to be
repaired. That (Sec. 12) they repaired
and placed the steamer in condition for
use and rendered the vessel to Dudoit
and demanded payment of him or secur-
ity for such sums as should On adjust
ment be found to be due from him; and
Dudoit refused the tender and declined
payment. That (Sec. 49, an adjustment
was made whereby 1t was found that the
companies were entitled to recompense
for expenses of survey, floating and re-
pairing the vessel, and that the COM
panies were liable in 10000 each for loss
under general average under the policies.
That (Sec. I'D on December 8, $685. the
adjustment was received and vessel ten
dered to Dudoit and demand for amount,
$16S7S3, due from him hereunder, and
same was refused by Dudoit. That (Sec.
49, they pray for attachment of vessel
and for judgment for expense of floating.
repairing and caring for vessel, and other
prayers.
find that the Hawaiian steamer Wal
manalo, engaged in the coasting trade
and freight In the Hawaiian Islands, left
the port Of Honolulu, her home port,
bar harbor, on or about August Ii, 1893
on her coasting trip around the island Of
Oahu, and touched at Waianae and
thence to Waialua and thence returning
to an intermediary coasting landing at
Keawanui on August 18th. She left Wal
alua about o'clock a. m. and arrived at
Keawanui between and 10 o'clock a. M;
as she was coming up to her anchorage
the engine stopped and owing to wind
and current the vessel ceased going
ahead and made leeway and sternway.
The stoppage was caused by a screw OF
the cross head bar or GLIB coming loose
and dropping off falling between the &C.
centres and tanning stopped the engine
or rather to cause. the engineer to shut
off steam and stop the engine. Anchors
were Immediately let go, but failed to
hold and check the vessel and she went
ashore. Attempts were made to get her
of but failed and owing to the current.
wind and waves she was further carried
on to the coral reef there making out
from shore and eventually abandoned by
the master and crew after removing the
freight that was on board for Keawanui
Keawanui is a port Of call to land and
take in freight for the island steamers
such as the c. r.. Bishop. Kaala, the
Waimanalo and like vessels and small
sailing vessels engaged in the coasting
trade, and IS open to the winds and cur
rents It is not an open roadstead nor a
bar harbor, but simply anchorage
protected by coral reef. and when
hJC he
there is a good depth Of water
and good holding ground for a vessel OF
the size of the Waimanalo.
Due notice OF the abandonment was |
given to the insurers by the master and
libellant.
The insurers got the vessel off. through |
contractors, for the sum of $4,000. She |
was brought around to Honolulu. resur- |
veyed and repaired, and rendered to the |
The tender was refused and
libels were brought by the MORTGAGE.
Spa1ding, against the two insurance COM |
panies to recover the insurance, and q
libel was brought by the insurance COM !
panies against the vessel and owners to |
recover the repairs. In pursuance of a |
stipulation by the parties, the vessel was
sold by the marshal and the money real |
lied ($1, O0) was deposited in the regis |
try of the Court.
The Circuit Judge found a constructive |
total loss and a justified abandonment, |
gave Judgment to the libellant. Spalding. |
for the amount of insurance contracted
for and costs, and that the insurance |
were entitled to the proceeds |
of the sale of the vessel.
On the appeal the insurance companies |
abandoned the contention that the vessel
was willfully wrecked and lost by the
master.
On behalf OF the 1ibellant, Spalding, it
is urged that the master was under the
justified in abandoning the
vessel and that in determining this Ques |
ton the Court must consider not what
the actual result was but the condition
the vessel was in. the peril to which she
was exposed and the estimated probable |
cost of saving and repairing her, i. e.. |
whether they would exceed one half her
agreed value under the Sun policy and
her total value under the Alliance policy.
The libellants, the insurance companies,
contend that the insured failed to. do his
utmost to get the vessel off as was his
duty under the policies according to the
clause to sue. labor, and travel, and
use all reasonable and proper means for
the security. preservation, relief and re-
covery of the property insured" ETC., and
hence the insurers were authorized to
proceed to recover the vessel and repair
her, and, the result showing that the
was less than one half the agreed
value, they were justified in rendering
the vessel to the insured and, on refusal
to accept her and to pay the charges.
they can recover the same.
The insurers claim that the cost of
weighing the vessel, bringing her into
the port OF Honolulu and repairing her
amounted to $22S7.S3 and deducting the
one third or new for old as stipulated
In the policy the amount is less than so
per cent. OF the agreed value Of the YES |
sci (s45000O) and so the insurers. the Sun |
are not liable as for a total
loss, nor a fortiori, the Alliance Com
pany.
Both insurance companies insure for
total and not partial loss. Under the Sun |
policy the cost OF repair must be three
quarters Of the agreed value, in this case
1885, in order to render the company
we find that there was