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Page:United States Reports, Volume 2.djvu/276

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a1• QC4m rulc· md ¤¢lj¤¢lg¢<l in tin I197. ` _ 9YJ

Vtssn wyur BALL. H]5 was an aélion on two Policies of Infurance for IE 2g.~oo dollars, upon the brig Sahnan, and her cargo 0 Om thpropertyof the plainti£ an Amrrkau citizen) from _p,,·,,a,·Pnix to }·’l~iindr@»l·in, in which thefe claufes were infer- nd, ·It is declared that this alfurance is made only againlt cap- tug? of the Brityb, or any of the fubjeéts of Gr:u:·Bri- “;," ¤¢ The brig is warranted to be an zlmerirrm bottom; and gb cargo of the faid brig to be American property." On the trial, the following appeared to be the material fa&s: Hue brig, having carried a cargo of flour from Pbilndrmbah to .Part·nu-Paix, under a eonttaét with Mr. Ezucbet, the Frmd: Zhiiniller, was captured and taken into Bermuda, for adjudica- tion, by a Briiyb privateer, on her retum to .Pl•ilad:@>l·i.w. The captain of the brig wrote to the plaintil}, his owner, liating the capture, and declaring the llrougeli apprehenlion, that a con- demnation would enfue, as the captors had got pollicilion of the receipt for the flour delivered upon the eontra€t with Mr. Frsu- rbrt, and he had been compelled at Par:-au·J’::ix to take on board a Frmrb Oiiicer and a few foldiers (who were all invalids) with their baggage and fome articles of houfchold furniture, in - order to bring them for their health to Anuvira. The plaintiff communicated the capture to the defendant, and, in explicit terms, reprefentcd the cate tobe a deiperatc one; but the de- fendant, with confidence, declared, that, as a new Governor had been recently {ent out to lhrmuzln, there would be a change in the adminillration of jullice ; lo that if the property was Iaanajidz American, it would certainly be acquitted; and, in that confidence, he agreed to infure the ve{l`el and cargo for a premium of ten per rem'. At the time of making this agree- ment, the eaptain’s letter was not {hewn to the defendant ; but the evidence raifed a ltrong prefumption that it was produced and read to him at afubfequent meeting, before the policies were underwrote. '1`he brig and cargo being libclled in the Vice—Admiralty Court of llvrmuznr, the libel fet forth the fcl- lowing allegations as caufes of condemnation :—t!l. That the vetlbl and cargo were l·Z··r·,·::-ii property. ad. T ha: the vellbl was an