MARSTRAND FISHING CO., LTD. v. BEER. (THE "GIRL PAT.")

(1936) 56 Ll L Rep 163

KING'S BENCH DIVISION.

Before Mr. Justice Porter.

Marine insurance-Barratry-Claim by plaintiffs under policy with defendant underwriter for loss of their motor fishing vessel Girl Pat-Instructions given by plaintiffs to master to fish in North Sea and to return to Grimsby by Apr. 8-Sailing of vessel on Apr. 2 for fishing grounds off English coast- Call at Dover on Apr. 3, where full bunkers and five weeks' provisions taken on board-Engineer (only member of crew not appointed by master) purposely left behind at Dover-No further news heard for over six weeks- Notice of abandonment given to underwriters on Apr. 28-Not accepted by underwriters, but agreement to place owners in same position as if writ issued on that date-Information received by owners on May 11 that the master by fraud had incurred a bill for necessaries at Corcubion (Spain) and had left that port, corroborating the suspicion that vessel had been feloniously taken possession of by her master and crew-Notice of abandonment amended on May 18 by request that loss by barratry be substituted-Evidence of her further movements-Vessel eventually seized by authorities at Georgetown (British Guiana)-"Actual total loss"-"Constructive total loss" -Marine Insurance Act, 1906, Sects. 56, 57, 58, 60.