
    De Longuemere against The Phœnix Insurance Company.
    ALBANY,
    Jan. 1813
    Insurance mi luej at the comedorS carried. & the cargo was wj,en the res^m-e'^nd oss. was held, that was entitled atotaUosL
    THIS was an action on a policy of insurance on the freight of the ship Elheta, for the same voyage as described in the former case on the ship. (p. 120.) The policy contained the following written clause: “ The said freight hereby insured, is valued at the sum insured, carried or not carried. The cause was tried at the same time with the other causes, and the same evidence given, and ine same proof offered and rejected. A verdict was found for the plaintiff, for a total loss.
    A motion was made to set asme the verdict, and for a new trial, which was argued by S. Jones, jun. and IFdls, for the defendants, and Golden and Hoffman, for the plaintiff.
   Per Curiam.

This policy was on the freight of the Ethda, on the voyage mentioned in the former case. The ship had only a part of her cargo on board, when the loss happened; but as the freight was valued at the sum insured, "carried or not carried," there cannot be a question, but that the plaintiff is entitled to re~ cover as for a total loss, notwithstanding a full cargo was not on board.

Motion denied.  