
    David Hale versus The Mercantile Marine Insurance Company.
    
      March 29th.
    
    Insurance on goods from Boston to Terceira, and at and from thence to port of discharge in the United States, a quarter per cent to be added to the premium for every other port used in the Western Islands. The vessel, without going to Terceira, went immediately to Graciosa, another of the Western Islands, where a loss happened. Heidi that there was no deviation.
    Insurance was made on property on board the schooner Mary Eliza, at and from Boston to Terceira, one of the Western Islands ; and at and from thence to port of discharge in the United States, for a premium of one and, three quarters per cent, a quarter per cent to be added for every other port used in the Western Islands. The vessel sailed from Boston to Graciosa, one of the Western Islands, not having previously stopped at any other place, and while there a partial loss was sustained upon the property insured. The question was, whether there was a deviation, and the Court, upon the authority of Houston v. New England Ins. Co. 5 Pick. 89, held that the vessel was not obliged to go to Terceira first, and so there was no deviation; whereupon the defendants were defaulted.
    
      Sumner, for the plaintiff.
    
      Welsh, for the defendants.
     