Where a vessel was chartered to proceed to a foreign port and there take on a cargo, freight to be paid on the completion of the voyage home, and on the voyage out In bal last the vessel was grounded and a general average sacrifice made, it was held that, upon the subsequent completion of the voy age and the payment of the freight, such freight was liable to contribute to the gen eral average sacrifice; [1901] 2 K. B. 861; and see 1 M. & S. 318 ; The Mary, 1 Sprague 17, Fed. Cas. No. 9,188; 15 Harv. L. Rev. 488.
If the peril is caused by a concealed defect in the shipment equally unknown to the ship per and shipowner, the shipper is entitled to the benefit of contribution ; The Wm. J. Quillan, 180 Fed. 681, 103 C. C. A. 647.
The law of the destination, where ship and cargo separate, determines the right of general average ; Monsen v. Amsinck, 166 Fed. 817.
Insurance is not a part of the owner's in terest in a ship, and in case of general aver age, for the purpose of increasing the fund to be distributed, the insurance received by him should not be added to the value of what was saved; The Rapid Transit, 52 Fed. 320; The City of Norwich, 118 U. S. 468, 6 Sup. Ct. 1150, 30 L. Ed. 134; The Scotland, 118 U. S. 507, 6 Sup. Ct. 1174, 30 L. Ed. 153.
Average particular (also called partial loss) is a loss on the ship, cargo, or freight, to be borne by the owner of the subject on which it happens, and is so called in distinc tion from general average ; and, if not total, it is also called a partial loss ; 2 Phil'. Ins. c. xvi.; Stevens, pt. 1, c. 2 ; Arnould, Mar. Ins. 953; Code de Coln. 1. 2, t. 11, a. 403; Pothier, Ass. 115 ; Benecke & S. Av., Phill. ed. 341.
It is insured against in marine policies in the usual forms on ship, cargo, or freight, when the action of peril is extraordinary, and the damage is not mere wear or tear; and, on the ship, covers loss by sails split or blown away, masts sprung, cables parted, spars carried away, planks started, change of shape by strain, loss of boat, breaking of sheathing or upper works or timbers, dam age by lightning or fire, by collision or stranding, or in defence against pirates 9r enemies, or by hostile or piratical plunder ; 2 Phil. Ins. c. xvi.; Orrok v. Ins. Co., 21
Pick. (Mass.) 456, 32 Am. Dec. 271; Sewall v. Ins. Co., 11 Pick. (Mass.) 90; 7 C. & P. 497 ; 3 id. 323 ; Sage _v. Ins. Co., 1 Conn. 239 ; Waller v. Ins. Co., 9 Mart. 0. S. (La.) 276; Fisk v. Ins. Co., 18 La. 77; Perry v. Ins. Co., 5 Ohio 306; Webb v. Ins. Co., 6 Ohio 456; Hallet v. Jenks, 3 Cra. (U. S.) 218, 2 L. Ed. 414; Byrnes v. Ins. Co., 1 Cow. (N. Y.) 265; Depau v. Ins. Co., 5 Cow. (N. Y.) 63, 15 Am. Dec. 431; Dunham v. Ins. Co., 11 Johus. (N_ Y.) 315, 6 Am. Dec. 374.
Partithlar average on freight may be by loss of the ship, or the cargo, so that full freight cannot be earned ; but not if the goods, though damaged, could have been 'car ried on to the port of destination ; Coolidge v. Ins. Co., 15 Mass. 341; McGau v. Ins. Co., 23 Pick. (Mass.) 405; Bork v. Norton, 2 Mc Lean, 423, Fed. Cas. No. 1,659; Jordan v. Ins. Co., 1 Sto. 342, Fed. Cas. No. 7,524; Charleston Ins. & Trust Co. v. Corner, Gill (Md.) 410 ; Saltus v. Ins. Co.,- Johns. (N. Y.) 107, 7 Am. Dec. 290.
Particular average on goods is usually ad justed at the port of delivery on the basis of the value at which they are insured, viz.: the value at the place of shipment, unless it is otherwise stipulated in the policy; 2 Burr. 1167; 2 East 58; 12 id. 639; 3 B. & P. 308; Rankin v. Ins. Co., 1 Hall (N. Y.) 682; New lin v. Ins. Co., 20 Pa. 312; 36 E. L. & Eq. 198; 3 Taunt. 162. See SALvAos; Loss.
A particular average on profits is, by the English custom, adjusted upon the basis of the profits which would have been realized at the port of destination. In the United States the adjustment is usually at the same rate as on the goods the profits on which are the subject of the insurance; 2 Pars. Ins. 399; Fosdick v. Ins. Co., 3 Day (Conn.) 108; Alsop v. Ins. Co., 1 Sumn. 451, Fed. Cas. No. 262; Evans v. Ins. Co., 6 R. I. 47.