Mr. Justice JOHNSON delivered the opinion of the Court.
This case varies somewhat in form, but nothing in principle, from the case of Dorr v. The Pacific Insurance Company, (7 Wheat. Rep. 382.) The material point of distinction is this; in that case the discharge of the underwriters was made to depend on a regular survey alone; the stipulation was, "that if the vessel, upon a regular survey, should be thereby declared unseaworthy by reason of her being unsound or...
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