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Assian Rup

SELECT CASES

REPORTED IN

THE SEVERAL COURTS

OF THE

UNITED STATES AND GREAT BRITAIN,

IN THE YEARS

1846, 1847 AND 1848.

SOME ENTIRE, BUT MOSTLY IN A CONDENSED FORM.

Questions wens

BY

ASA KINNE.

VOLUME VIII.

NEW YORK:

CORNISH, LAMPORT & CO., PUBLISHERS,

No. 8 PARK PLACE.

1852.

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ENTERED, according to Act of Congress, in the year 1848,

BY ASA KINNE,

In the Clerk's Office of the District Court of the United States, for the Southern District of New York.

FEB 15 1917

KINNE'S LAW COMPENDIUM.

FOR 1848.

ABANDONMENT.

When underwriters ensure the cargo and catchings on board a ship, on a whaling voyage, a letter seasonably written to them by the assured, informing them that the ship is lost by stranding, and tendering an abandonment to them of the interest in the cargo, so far as it has been insured by them, is such an abandonment as entitles the assured to recover for a total loss, if such loss is sustained.-Macy et al v. Whaling Ins. Co., 9 Metcalf's R., p. 354. Mass. (1846.)

(Loring & Eliot, cited 2 Marsh. Ins (3d ed.) 610; 2 Phil. Ins. (2d ed.) 394; Columbian Ins. Co. v. Catlett, 12 Wheat., 383; Murray v. Hatch, 6 Mass., 478; Reynolds v. Ocean Ins. Co., 22 Pick., 191; Patapsco Ins. Co. v. Southgate, 5 Pet. 604.

Curtis & Clifford, contra, cited Dickey v. New York Ins. Co., 4 Cow., 222; Suydam v. Marine Ins. Co. 1 Johns. 190, and 2 Johns. 138; Dorr v. N. England Marine Ins. Co. 4 Mass., 230; Pierce v. Ocean Ins. Co 18 Pick., 93.)

ACCOMMODATION ENDORSER.

W., was the accommodation endorser of his son N., on a note to B., payable at the complainants' bank, on the 31st July. By an error of their clerk the note, when left for collection, was entered as due the 31st August, and was not presented for payment at its maturity, nor any notice of its non-payment given. N. was aware of there being a mistake at the bank as to the time when the note would fall due; but to provide for its renewal in case it should be properly presented, he prepared a new note for the same amount, dated 31st July, and his check for the discount, and left the same with his partner, who was

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