Daniel Williams against Paschal N. Smith THIS was an action on a valued policy, on the ca the American ship Prosper, from New-York to Al with liberty to touch at Cadiz. Premium 15 per cent the usual clause against contraband, but in the margi written " on naval stores." The case read, at the argument, occupied the cou an hour: But it is conceived the important facts it presented are only these: The plaintiff was owne master of the vessel, and part owner and consignee cargo. For this he had signed a bill of lading to er it at Algiers to his associate, Sullivan, or his as &c. The vessel sailed on the voyage, insured, on th May, 1800, with a cargo principally of naval stores. the 13th of July she experienced severe weather, tha tinued until the 16th. In this time she laboured so as to work all the oakum out of the quick work on he board side, and her bulwark being stove in, cut water ed, and plank shears split fore and aft. She ma much water as to be under the necessity of pu every quarter of an hour, bringing up great quanti A resolution, they put about, and arrived the diz, though the same wind was fair for St, Luary's, which are both sea-ports,at which repairs and only a few miles distant from Cadiz, rs requiring a pilot, though less difficult of Cadiz. At the time of passing these ports, off, the vessel not laying too for the purpose of board: nor was it clear that the blockading aring the years '97, '98, and '99, had remained Cadiz, was at this period actually before that sailed in pursuit of a French fleet, leaving, e or four frigates to continue the blockade; a t to render the entrance dangerous to merthough the Spanish armament, then in Caof 20 or 30 sail of the line. Notwithstandthe evidence of a Mr. Mumford, who had, ddle of July, been warned by one of those o enter Cadiz, there was a presumption, that British squadron was at Gibraltar, about 14 t: and, on an appearance of an attack from the the Prosper was herself, while at Cadiz, or |