INDEX

TO THE

PRINCIPAL MATTERS.

[The figures refer to the original pages as numbered at the bottom.]

ABANDONMENT,

cannot be made if policy without interest, 25

what it is, 381

must be made when property or part of it in existence, ib.
use of it, ib.

no clause in policy for it, ib.

engrafted by usage, ib.
its design, 382

history of it, ib.

when established, ib.

has a tendency to convert partial into total loss, ib.

should be narrowly watched, ib.

division of the subject, ib.

never compulsory on insured, ib.

when abandonment necessary to make loss total, 383

general rule that if thing insured exist in specie it is necessary, ib.
but then it must exist in hands or for benefit of insured, ib.

and must be fit for some useful purpose, ib.

principle same whether loss by perils of sea or other cause, ib.
when insured did not abandon ship, but sold it, loss not total,
though expense of salvage exceeded proceeds of ship and car-
go, ib.

so where ship driven into port in which there was no dock to re-
ceive her, and broken up and sold, for timber, 384
now held that if cost of repair of ship would exceed her value
when repaired, the loss is total without abandonment, 384
though ship sold by master with certificate, ib.

goods so much injured as to have a tendency to putrefaction, are
total loss without abandonment, ib.

loss by seizure and detention or barratry when total, 385

if insured indemnified by restoration in part or in whole, loss not
total, ib.

but if dominion of seizors continue, and insured never effectually
resume their rights, loss total without abandonment, 385

ABANDONMENT-continued.

when abandonment necessary to make loss total,

in case of capture where ship when brought into port purchased
by master, loss not total, ib. n. (p)

so where half the cargo restored after seizure, ib.

consignees permitted by captors to retain their accep-
tances, ib.

aliter when owner's dominion never re-vested, 386

as in shipwreck where part of the goods sunk, and the part
which got on shore was plundered, this total loss without no-
tice of abandonment, ib.

so where goods having been seized were condemned and sold by
Court of Admiralty, this total loss without abandonment, ib.
so when goods seized by foreign government and never restored,
loss total without notice, ib.

ruled by Lord Kenyon, that abandonment necessary where sale
under decree of court, though insured did not know of the loss
till after sale, ib.

but semb. aliter where possession adverse and never resum-
ed, 387

when insured is at liberty to abandon and when not,

right depends upon the amount not the cause of loss, 387

may recover a total loss if the damage be such that expense
would equal value of ship when repaired, 388

if salvage be very high and such as master has no means of pay-
ing, ib.

if damage to goods be such that they are unfit to be sent forward
to a market, ib.

if from their perishable nature, it become impracticable on ac-
count of the accident to send them forward, ib.

loss on goods cannot be deemed total because the freight and du-
ties exceed the salvage, ib.

instances of total loss in case of capture and recapture, 389

loss total, though recapture, if from damage don e by the enemy,
the restraint of the recaptors, or other causes of loss, ship or
goods are lost to the owner, and the adventure not mere-
ly retarded but destroyed, ib.

when after capture ship is only set free upon a deposit of a sum
which makes it probable that the whole or greater part of the
value will be absorbed in the expenses, ib.

so if only small part of goods saved and that upon the condition
of their not proceeding to the port of destination, ib.

case of Goss v. Withers, stated and commented on, 389, 390,
391, 392

positions in semb. too general, 390, n. (1), (m), (r)

held in Chancery on capture and recapture when sale to pay cap-
tor's moiety insured might abandon, 393

loss of the voyage not ground of abandonment, 395
restitution does not deprive the insured of a right to recover a
total loss where her guns and stores taken away, voyage lost,
and a large deposit obliged to be made, 395, 396

recapture when ship could not get to her destination does not take
away right to abandon, 397

instance stated, 397 to 399

ABANDONMENT-continued.

instances of total loss in case of capture and recapture,

total loss by barratry where ship and cargo taken out of their
course and part sent home by another vessel, 399

sales by master in foreign port when total losses, 400 to 407
case of necessity justifies, 400

said that his act must be for benefit of all concerned, 401
where in a fair and honest discretion he thought that the ship
could not proceed without imminent danger to crew, ib.

master's power to sell,

limited to case of necessity, 402, 400, n. (k)

has no dominion or property, 402

sale bad if one of the surveyor's became purchaser, ib.
he may tranship or deposit cargo, ib.

or hypothecate, ib.

vice-admiralty court has no authority to direct a sale, 403
purchaser acquires no interest, ib.

desertion of the crew held not to amount to a total loss, 405

sale held insufficient on special verdict necessity not being found,
405, 406

cases where there was necessity, 406, 407

when capture or other loss is redeemed, insured cannot abandon and
recover for total loss, though there has been a loss of the voyage,
407, 413

mere retardation of voyage admitted not to make a total loss,
407, 408

expressions of Lord Mansfield, that loss of voyage sufficient,
overruled, 409, 410

where ship scized and though retaken by privateer, her rigging
gone, and unfit for another voyage without considerable ex-
pence in providing crew and stores, this not held sufficient to
entitle insured to abandon, 410

so on freight policy, where expences of seizure and detention
exceeded her freight, but freight was actually earned, 411
disappointment of arrival not a ground of abandonment on goods,
where they might be forwarded in an ensuing season, ib.

so loss of the voyage not a ground of abandonment, where cargo
not perishable, so as to make that loss a loss of the goods, 412
where recapture takes place, though after notice of abandonment
given, if thereby the loss be made only partial, insured cannot
recover the whole, Bainbridge v. Neilson, 413

so where ship liberated on condition, and notice given by insured,
who had not heard of the liberation, 414

so where after abandonment there was a recapture, and the ship
arrived at Liverpool, ib.

notice of abandonment is only a proposal, 415

insurer's responsibility may vary, ib.

insured cannot recover for a total loss of freight on notice of
abandonment, if freight subsequently earned, ib.

in case of capture property taken possession of adversely, where-
as in some other cases it still remains in the owners, 416
desertion of crew, and sale to pay salvage, does not make a total
loss, unless exertion was used to prevent the sale, ib.

but if loss be in effect total that is sufficient, as if part be da-
maged and the residue must be sold, ib.

ABANDONMENT-continued.

when capture or other loss is redeemed, insured cannot abandon and
recover for total loss, though there has been a loss of the voyage,
when goods, free of average, insured cannot abandon, if they are
in effect saved, 417

and where goods brought on shore, though in a very damaged
state, so as to be unprofitable to insured, ib.

nor is a loss of the voyage for a season a ground of abandon-
ment, 418

cannot be made in case of wagering policy, ib.

nor in case of freight policy, ib. 419

nor unless there has been a total loss at some period of the
voyage, 419

nor unless the loss occur within the period embraced by the
policy, 420

or has happened from one of the perils included in it, ib.
not on account of port being shut against the insured, ib.
insurer not liable for partial loss of freight, which is remotely
attributable to damage to the goods in a storm, 421

nor can insured on freight policy recover for a total loss, where
ship having received her full cargo on freight becomes in-
capable of proceeding with it, but may be repaired so as
to carry a less cargo, ib.

nor where master wrongfully sold ship and cargo, 422

insured must give notice of abandonment in reasonable time, 422, 423
where insured dealt for some time with foreign agent they were
held precluded, ib.

delay of three weeks or a month, or even of nine or five days,
fatal, ib.

province of judge to direct jury as to what is reasonable time,

424

various instances, ib. 425

said that abandonment may be before notice of change of circum-
stances, 426

but it seems it must be within reasonable time, ib.

agent for Lloyd's has no authority to accept notice, ib.

insured entitled to a reasonable time to examine into the state of

the damaged cargo, 427

they are not allowed to direct their conduct by the state of the
markets, but they may still have time to examine, 428

mode in which abandonment must be made, 429

it must apply to the whole subject of insurance, ib.

offer cannot be conditional, as, on terms of insured paying cer-
tain bills, ib.

abandonment must be positive, ib.

request to insurers to give directions, and pay a total loss, not
sufficient, ib.

parol abandonment may be sufficient, but more convenient if in
writing, and term abandon used, ib.

parol demand, with refusal to give up the interest to insurers,
insufficient, ib.

nor is it sufficient that insurers, on being apprized of the facts,
answer that the insured will do the best with the property, for
this is no waiver of a notice, 430