Taylor and others v. Insurance Company of North America.
(Circuit Court, D. Massachusetts. February 26, 1881.)
Certain consignments of goods were shipped in the bark Almira Coombs, and stowed in the lower hold. The bills of lading contained this clause: "To be landed in ship's lighters at risk and expense of consignees." The vessel was subsequently wrecked in the port of delivery, and a few tons of the goods taken out of the lower hold, but not the whole of any one consignment. Upon a survey of the wreck the surveyors reported that no more goods could be recovered without great expense, the hold being full of water, and that the attempt ought not to be made because the value was insufficient to justify the expense of recovering them and the risk that must thereby be incurred, and advised a prompt sale of the ship and cargo as they then lay. Held, that a tender to the consignees of the goods which had been landed, and an offer to deliver those still on board upon payment of the landing charges and freight, was not sufficient to entitle the ship
to freight.Held, therefore, that insurers who had paid a total loss upon the goods, and received from the insured assignments of the bills of lading and of ail their rights of salvage, were entitled to so much of the proceeds derived from the sale of the ship and cargo as represented the goods insured by them.—[Ed.
In Admiralty.
Paul West, for appellants.
C. T. Russell and C. T. Russell, Jr., for libellants, appellees.
Lowell, C. J, The libellants insured certain consignments of goods shipped by Laforme & Frothingham and H. C. Peabody & Co. in the bark Almira Coombs, on a voyage from Boston to Port Elizabeth, Algoa bay, South Africa. All these goods were stowed in the lower hold. The bills of lading contained this clause: "To be landed in ship's lighters at risk and expense of consignees."
The vessel arrived at Port Elizabeth on Sunday afternoon, July 14, 1878, and on Monday the master reported bis arrival, entered his bark at the custom-house, and made ar-
