New York Court of Common Pleas April 5, 1880 (In re Ripley)

Charles P. Daly, Chief Justice.

In the facts agreed upon, it is stated that the vessel was injured to such an extent, that the owners had a right, under the policy, to abandon her to the underwriters, as constructively a total loss; and the case below appears, from the opinion of Judge Yah Hoeseh, to have been decided upon the assumption that she was so abandoned, but that that would give the