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De Longuemere against The Phœnix Insurance Company
Per Curiam.
This policy was on the freight of the Ethda,
[128] on the voyage mentioned in the former case. The ship had only a part of her cargo on board, when the loss happened; but as the freight was valued at the sum insured, "carried or not carried," there cannot be a question, but that the plaintiff is entitled to re~ cover as for a total loss, notwithstanding a full cargo was not on board.
Motion denied.