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Page:United States Reports, Volume 2.djvu/143

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Swami Con-: or Pmrjluaaia. · ty; . ¤79=· i ‘ hre`!} . jdillldfy Term, I 2 . Hoo¤‘s Exqcators ·¤». Nnsmr, et.aL - IS was an action (tried at the linings in Plviladebbia in 3Y _ Nw. lall) brought on a policy of infuranee on the {hip LB` rueriea, commanded by captain W. Keeler, from Pbiladeyiwia, ‘ to, afand from Faye}, againfl the defendants as underwriters} 2/.3 · The jury found a fpecial verdiét; which, after Rating the policy, the defendants' fublhription, and the arrival of the {hip at Fayal, on the agd Derma'- ry8g, proceeds thus : “ And the faid ju- rors further {`ay, that about three weeks after the faid llqlliarn Keekr had fo arrived at Fayal, in the faid {hip, he the faid Wil- liam Keeler, at the requeli: of a certain captain Barner, on the fug- gellion of Duncan Ra/} did with and on board the faid {hip America, fail from the faid illand, in quell: and purfuit of a; certain {loop called the Fly, whereof the faid Barner was malter ; which faidjlloopfhad been runaway with by the feamen,belonging· to her: `aud that the faid lVi7liamKeeler did return from the faid purfuit, in the {iaid {`nip, within 8`days after {he had failed from Enya! aforefaid; and that the faidjlhip afterwards, on the gill: of january 1786, was, by {form and tempelt, wrecked upon the illand of Fayal and total! loll. And the jurors further {ind, that the {`aid IK Kesler, by his agreement with the faid captain' Barner, was to have received, as a compenfation for his l`ervices_ in going with the {hip America aforefaid, in purfuit of the {`aid {loop, the fum of {too llerling; and that in going from the iland of Fayal aforefaid, he had no view of, and did notintend, any exelulive profit or advantage to himfelf ; but did intend that the benefit and advantage to be derived therefrom, {hould be for the owners ofthe {`aid ihip and himfelf. And whether the law be for the plaintiffs, 8cc. 8:c. they fubmit, 8rc. &c." The caufe was argued by Lewir, and Sergeant for the Plain- tilfs, and by W7Ieael·.r and Ingerfall for the Defendants. The Plamtiliin contended, that the departure from the eourfe of the voyage amounted to barratry, and could not be conlidered. as a mere deviation. As the confent of the owners is not lla- tcd,it cannotbe prefumed, and in many of the cales the want of confcnt is relied on as a principal ingredient in barratry. It isnot neceliirry there {hould be a direél evil intention: Lala :1:404 @:1-:% mgligezzria will amount to barratry. Parke gg: Barratry is neglect? S •