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Page:United States Reports, Volume 2.djvu/287

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Svrrtrtatrz Cor:rt·r cr= Pena/jlounia. 2S! fame day caufed the fame to be infured (prout policy) which l7Q'f• on the day and year aforefaid, at the County aforefaid, for the •z·¤-J corrlidcration or premium therein mentioned, was underwritten by the defendant, for the fum of one hundred pounds, lawlul money, for the voyage, in the faid policy mentioned ; that the {aid fchooner, on or about the ninth day of Na·v:ml·.·r 178:§, was cleared out, and failed on the voyage in the policy merr- tioned, and to the knowledge of the laid jurors, has never liner: been heard of; from whence, the jury prefume that the laid vefkl and cargo, were funk, and totally lolt ; that linac time in the year 1787, the captain and fearnerr, who failed in kid fclrooner, on the voyage aliirefaid, were in the State of Virginia, and notice thereof was zrfrerrvartis, and before the date of the plainrifF's letter, of the lirll of N¢·uemb¢·r r7o2, given to rhe plaintiH`; but at what particular time, the jurors know not ; that the plainrilf did not give any notice thereof, or of the l`uppol`· ed lofs of the faid fclrooner, to the defendant until the tirrt day of No·ur·urIu»r 1792, when the plaintiff informed the defendant hylerret, that the laid fchoorret had liriled about the ninth of 1Kv·w·nrbn- r786, on the voyage in the p·-licy mentioned, and that he had trot lince fccn 11or heard from the Enid captain, not receiver! any part of thc property in thc vcllel or cargo, not had any pcrfon on his behalf; which information the jury {ind to he true ; and the lirid jurors further find, that the plaintilf dtd not abandon to the delenrlarrt, and to the other urrderwriters, on tht: raid policy, or to either of then1,hi» property in the laid lbhoun- er, or any part thereof, before thc bringing of the lirid adion ; nor has he lince abandoned the fame; trot was any other proof made of thc faitl Iufs, prcvioully to the bringing of the laid aititrn, than the information given as aforefaid, bythe plairrtirl` to the defendant. And the jurors afureliritl, further lind,tl:a: _°7¢lv1KaQ_rZ=u one of the partners of Kzrigbu and Attmarr, who etlkéted the raid infurance, as agent of the plainti"‘, has ever Gnce relidetl in the City of P.€idr1zri·@l·in, and had, until the pr. - lL nt aétion was brought, the puticy aiorefaid in his potlbllion ; and that the rlefetrrlant has cver Iinre the date of the Enid policy retitled in the City of PA-ilm!r·{¢·l·ia. ll` upon thefe fails the law he with the plairztiié, they find for thu plaintiff, and allkrb tIan1.rHt1 to the amount uf rrinery-eight pounds, with inrercrt front 1).- rrmbvr t, ]794,EI!‘IOIllHil`|g in rirc whole ur witlrlix pence colit.; bat if the law he with thc defendant, they Gnd ror the rlefrntian:." t The arguments belhrcthe jury on thc trials, and before the Conn on the fpcrial vutiiél., were, in fnbllance, as follow. For Il·e,‘:.'.tiuIQ}", all. Img innded, that ctery E18., whi··ir reel; bu rateliasy t.· tnzirk Lis client to recover, uns round Ly Na dr;