60 Anlage G 



on the 14 tb August gave notice to their underwriters, but abandonment was 

 refused aud the writ was issued on the 21 st August. On December 8 th the 

 Prize Court gave its decision to the effect that the capture was legal but 

 the „Dollwijk" was subsequently handed over to Mess rs - Ruys & Co. The 

 action came on for trial on April 14 th 1897 and it was pleaded, inter alia 

 that the Insurance Company were not given notice that contraband of war 

 was being carried and that consequently the Insurance was void. The Jury 

 however found for Mess rs - Ruys and the following question was reserved 

 for argument. 



„Whether the Plaintiffs were entitled to recover for a total loss, the 

 ship having been restored to them before the trial of the action." 



At the trial of this argument it was decided that the restoration of a 

 captured ship does not relieve Underwriters frorn liability for a loss by 

 capture, unless the restoration has been made before the action was brought 

 and it was further decided that the date of action was when the writ was 

 issued. 



We think this answers your question fully. 



Question B. 



Goods captured, no abandonment, no action brought, and goods 

 subsequently released. 



In our opinion there would be no claim on Underwriters for loss of 

 market, interest on capital etc. the word „consequences" must be construed 

 as immediate consequences not ,, causa causans". 



As regards question ,,B" we do not quite see if the Insurance is on 

 goods how the Merchants or Underwriters could possibly be interested in 

 demurrage — unless the former in their capacity as Charterers. 



However, if you would furnish us with further particulars as to this 



part of our question, we will give the matter further attention. 



In the meantime 



We are. Dear Sir, 



Yours faithfully 



HOGG & HEATH. 



London, 27 th Decbr. 1904. 



Messrs 



Hamburg. 

 Dear Sirs, 



With reference to the points raised by you — You ask whether in our 

 opinion the following would fall to be paid by Underwriters covering war 

 risk only: 



1. Loss of interest on the capital invested? 



To this we would most emphatically say No. 



2. Loss of Market in consequence of the delayed delivery? 



The same answ r er applies. 



