The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-06-26

qualified they NAV be to testify The Supreme Court in Wide
Thomas, 10 Haw. $685. approved, exceptions,
valuation of property based upon the result of actual
preference to the opinions of experts
The of the insurance the vessel opn
ion, guide for the market value 1t does necessarily follow
that the assured has been guilty of fraud merely because after
loss, appears that the vessel insured for than
first to the ct often happens that expenses
or Poh are accg expected to accrue on the
which the assured wish cover and for this purpose makes
valuation Though the value the of the
constitutes the of open policy,
necessary suppose parties this view in
agreeing upon valuation A valuation of goods which would
be very high at the beginning of the risk very low in
subsequent period of It, when additional have
been incurred in the transportation of them their proceeds
have become valuable by trade : 1t is for
the interest of the assured value, that of loss
may be nearly possible Unidentified. According the
voyage of markets, and other circumstances
over cost ana charges may only give mdeny out TINS is
subject Of estimate the particular voyage Phillips on ms
Secs. 1888, 1884
While the may have been insured
be considered circumstance arriving value after
marine disaster it direct evidence that effect
be considered conclusive against positive evidence of
value e. g. as in this case the result See
Coapagnie Commercial s. S. Co., go Fed. 923
Upon all the evidence the vessel is saeable in Honolulu
The above valuation based upon the market value in San
Francisco California 1t that has been held that
where salvage concluded and the property
saved taken another and sold the value at the former port
is be taken See Parsons Shipping and Admiralty 3O2
But it that it would be manesty unfair and
because the vessel be sold here the sal
Nothing efforts although the vessel
has market value in the nhborng of San Francisco
does the proctor for the ask the adopt such
of the difficulty would be to hold
that the market value Francisco less all proper charges
from Honolulu San Francisco should be taken
value Honolulu This the followed by the
court upon similar of facts in the of the George
Dean reported Swabey, Adm 900, and cited in Parsons
3O2 g. But there evidence before the court tending
what such charges would to in the of the
urne short the practically that the
be considered by the and for these reasons 1t not
taken into consideration
The undsputed evidence the Lrn after being
paired condition fully good but better than
which she before striking the reef Deducng
So 400 REPAIRS from $4 OOO the value of the
ery have $1O60O which find be the value OF the
property saved
It is admitted by proctor respondents that the Leke
prformed salvage service The only question remaining
how much shall be awarded compensation for that serveg
This upon the for $4,000 but libel
against the ship for the service rendered 1t
clear upon authorities that the agreed by the
will be decred by the court unless the contract uncon-
scionabe made under compuson See A Fed Rep.
if appears from the evidence that the agreement
made under that amount to dure OF that the
exorbitant courts will not
hesitate disregard the contract pom the facts as herein
above found by regard to the under hch
agreement compensation entered into hold
made under compusion and that 1t
not binding, either the parties on the court
The which be considered claim for salvage
are decided by the Supreme Court In 1906 Bags OF
Sugar, Oihoho), 9 Haw. $780,
% The degree of danger from which the lives property
rescued.
(2) The value of the property saved.
60 The risk incurred by the salvors.
) of the property employed by the salvors in
the wreckng enterprise and the danger which exposed
60 The skill shown in rendering the service
co The time and labor occupied
The amount awarded while ought not to be exorbitant
should LIBERAL should be such Gas to make every one
concerned eager perform the service with prompnes and
energy It would be contrary to the spirit of mari
reduce the salvage compensation below this standard
liberal and would equally Illustrate its
allowance should be large and out OF proportion
the services actually rendered vessels situations
expeden that they should quickly accept assist
rendered in this to hesitate decline
to receive because of its runous cost Ehrman a. g. 81
Stoiftsme, 4 Fed. 467, 8.
No fixed rule has BEEN laid down, by which
measure award Each must be decided OF all
which the salvage service performed
And vet examination of the reported the subject
of value.
In the Iihoho case, the cites with approval the
statement contained in the Encyclopedia of Law that Zone
aotl,c lie nd