LIND v. MITCHELL.

(1928) 31 Ll.L.Rep. 262

KING'S BENCH DIVISION.

Before Mr. Justice Wright.

Marine insurance-Loss of ship-Claim by assured (mortgagee)-Ship holed by ice, set on fire and abandoned by master- Suspicious circumstances-Insufficient evidence of motive fraudulently to destroy ship-Finding that vessel was damaged by peril insured against but that she was prematurely abandoned- Judgment for plaintiff-Remarks of learned Judge as to position of innocent mortgagee where vessel, having suffered peril insured against, is fraudulently abandoned by master.