The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-01-17


-eSs1=sn5s3 Shs aosrins ard grepaS- Q
the steamer ard a Contract WAS 1sG
c1~ Seating and repair rASs eSee- L
tns steamer wsS Seated. a Ssco16 serve,
hsls ana rhs co--panisS caused her 70 :.
/ -spas s-sd Tn&s C>ec- - they rsqairs,
ara pizcet ths steamer c, ccefftisa %,
uss ana rendered the vessel % DCaoI
and demanded payment oe he2 o. sscar
( l-y for S1ce Sums as Should On sGSslSS
r-er. bs fou1E to De 6us from hi-. ans
C13,t5 refused the tender and declined
rssy---er-. -ezr Sc. - ar &6iQStasrf
was za6e Whereby Il was found thsr ~
cc-SparfsS were entitled % rSccnpscss
Eo- expenses % s--vGr. Ecatics ard ~
pairing the vessel and that the corn
paniss were l51his. II SgoQo each fc- lcsS
under ss-s-a1 acreage under the poiiciss
That (Ssc- u q December : rSS. The
asYrstr,err was received and vessel ten
Cis-sG % rC6otG and demand for amount
s-SS- y 6-s rrcr hfn Hereunder. and
saas was refused ov Du5cfr- That CSsc.
- they pray rcr &rrzchusrr % vessel
ard for Judgment to- expense q dcari1s,
repairing ard caring ror vessel and other
/ prayers.
I Z Erf that the Hawaiian STEAMER Wal
Y u,anzlc. engaged II rhe coS<tins trade
I and freight II rhe Hawaiian Islands. lsrr
I tas port q Eo-cr1lu. her home port. :
7 lar harbc-, oc or about August II 1855.
I On hs- ccaSsf-s trip s-ou26 the island q
Oahu. ard touched az .wsianas and
Z thence 70 Wazzl-1a and thence returning
% an t-tsr-s5z4-y coASting landing AZ
. Hsawaruf Cc August 1s-h- She lsfr Wal
/
Esawaruf between snE ID O'Clock s. n
as sAs vas coming uP 70 her anchorage
the engine stopped and owing % wind
and current the vessel ceased going
ahead ard made Isewzy and srsrnwzy-
The S-1prase was caused BY 3 screw %
the cruss head bar or giob coming loose
ard E-urpi-s c6 falling between the &c
centres and i4uui1s stopped the engine
OF rather % cause the engineer 70 shut
o. steam and stop the engine anchors
were tu-sdlacsly lsc 20. but failed 20
hoif and chsck the vessel and she went
ashore Attempts were made - get her
CT but failed and owing 70 the current.
wind and waves she vas Further carried
on . the coral reef there making ont
from shore z-6 eventually abandoned BY
the master and crew after rs1ovn-g the
freight thar Eas u1 hoard for ke2wauuL
EeaB1uuf * 4 port OF call 70 land and
take II freight for the island steamers
Such as the c R BlShop. ka2Ia- the
vS-af1anAlo and Ike vessels and small
sailing vessels engaged ii the coastIng
trade and * open % the winds and cur
re1tS. II = not an open ruaGtstsad nor a
bar harbor. bur simply an anchorage
= -
protected BY coral reef ard when
anchored rsar this reef az the usual an
ch1rzgs there K Z good depth Of water
and zood hoId-s ground for vessel Of
the SIZE Of the W4tnznzIo-
Due notice Of the 4banto1nsnt was
given 70 the Insurers by the master and
EbeI1aut-
The Insurers got the vessel or through
contractors. for the sun Of SSgG.9d- she
E4s brought around 70 Honolulu. resur-
vevef and repaired. and tsn6ersd 70 the
Insured TIE tender was refused and
EheIS were brought by the mortgages
SyaIdtng against the TWO insurance COM
paniss 70 recover the Insurance., ard s
E5eI WIS brought bE the Insurance con-
paniss against the vessel and oEnsrs 70
recover the repairs IN pursuance Of a
zztuI4tfo1 By the parties. the vessel was
sold BY the MARSHAL and the money real
izz,i 81. .sglGB was deposited N the regis
Try q the Court
Ths Circuit Judge found 4 constructive
total Igss and 4 justified abandouusnr.
gave iI-,tgueur % ll1e EbeIIznr- SpaItIng.
for the amount Of tzz~ancs contracted
far znd c1s-z. ard that the Insurance
companies were entitled 70 the proceeds
Of The sale 0f the vessel
On the appeal rhs Ius1rauce coupanfzs
abandoned the cozt=u-io1 that the vessel
WIS EiIfuIIy Erscl=d and lost bT the
master
On behalf Of the H5eUant- SpaId1nE- II
K urged rhar the uzsrzr WIS under the
cirgln1sra1-es JUSTIFIED n abazi2 ufES the
vessel and that IN terzr1f1inz this g1s=-
tim the Curt uus- consider uc- what 4
the EcruaI r=sI- vas but The cOEdlCon I
lhs vessel vas H. C1s peril % which she /
WIS exposed ard the estimated prubabIe I
crst of saving AMI repairing her + =
Wazlh=r rhzE would exceed o1e half her
agreed vzI1s under the sun policy and
hsr total vzI-e Un,ier the Alliance policy 4
The L1euzntz- The Insurance corpaEi=s,
coutz16 thzr ths Insured fzHs,f 70 10 his
urn1asr u get th= vessel Ct a. was his
duty unlter th= polIci=s zecor1Iug % the
elzEzs % -sz=. labor and travel and
us= al rsaz1cz5Iz and proper means far
tie s=.urIty prsserEzllou, relief and r.
coTerT cf the property fnsurs1-'T etc. and
hsuce the 1s1rErs we're aE-hoEZsd u 4
5rgceed % recover The vessel and repair
hsr, and the resEI- showing lhar the
damage was less than o1s half rhe agreed
EaI--s- they were i1su6Et II tenderug
rhz Ees=eI &C TN hzErzi and u refusal
u acesgr her ard u pay The charges.
they can recover The sane
The E<urErz eiai1 that tEe cost Of
E=ig1Ezg the vessel brf1zing her into
the port q E0nol1I1 and repairing her
amounted 70 sze@Ess and dsdrcrfnz the
c1s thfr1 1E -ueW f5r 1It- zz stipulated
II the policT the zuau1r Is less thzn q
per cent u the agreed value of the yes
ssI cS4ilGA1 and 80 the Insurers, the Sun
C8upa1T. are not liable zz far toczI
h1sz. zcr- a tGrdori- tie Alliance Co1-
Da1T-
Bath t1zrz1ee companies insure far
r0rzI and uoc partial I1sz- CzssEr thz SUI
poEcF ths cls- 0f rEraE n1sr be three
s-1zr-erz q ths azrEss1 vzII1e- n this case
sEg-5. II ort.=r to render the essrzpa1F
E.zlIE----Issz We 1zd rhzr uEe-E Ezz
an z-ruaI r1tzI I1sz- Cuier the Alliance
p0E-F rhz Gust u recovery and rspaE