“Assumpsit on a policy of insurance dated the 2d of June, 1821, whereby ‘Robinson Potter for account of James Barker, or Robinson Potter, or both, made assurance,’ &c. ‘lost or not lost, arrived or not arrived, 4000 dollars, at and from Bristol in England, to a port of discharge in the United States, on cargo on board the brig Tom Hazard.’ The loss alleged was a total loss by the perils of the sea, in foundering at sea. Upon the trial of the case upon the general issue, the following facts were admitted or proved. The ship Aristomenes and cargo, belonging 3-4 to Robinson Potter, and 1-4 to Robert Robinson, and commanded by the plaintiff, early in the year 1820, sailed on a voyage from Newport to New-Orleans, where she unloaded her cargo and took on board another cargo for Greenock in Scotland, and there she safely delivered this cargo, and sailed from thence to Stockholm with another cargo, and after delivery of it took on board a cargo of iron for account of the owners, and sailed from thence for the United States. In the course of the homeward voyage the ship met with heavy disasters, and in consequence of distress was obliged to make a port of necessity, and put into Bristol in England, in October, 1820. She was there surveyed, and found so disabled and injured, as not to be worth repairing, and was accordingly condemned and sold for the benefit of the owners and all others concerned. The master set up the cargo of iron for sale at public auction, deeming this the best for all parties, but finding it could not be sold without a sacrifice, he bought it in to prevent a loss by the public sale; and afterwards in April, 1821, shipped it, part in the brig Tom Hazard, and part in another vessel, for the United States. The Tom Hazard foundered at sea on her voyage home, the other vessel arrived safe. The plaintiff wrote to his owners an account of all his proceedings; and they in December, 1820, abandoned to the underwriters on several policies, which had been underwritten on the Aristomenes and cargo; and the abandonments were accepted by the underwriters long before the present policy was underwritten; and they have received on account all the salvage from the Aristomenes and cargo.”