case pringle versus Hartley November the ship success be insure from London to  Carolina be take by a Spanish privateer and afterward retake by a English one  and carry to Boston where no person appear to give security she be condemned  and sell in the court of admiralty there and after the recaptors have their  moiety the overplus remain with the officer of that court the defendant bring  a action on the policy and have a verdict the plaintiff by his bill pray a  injunction insist the defendant ought to recover no more on the policy than a  moiety of the loss the court deny the injunction for as the defendant have  offer to relinquish the savage he be entitle to recover the whole money insure  the defendant insure the ship success from London to Bermuda and so to  Carolina the ship be take by a Spanish privateer and afterward retake by a  English privateer and carry into Boston in new England where no person appear  to give security or to answer the moiety the recaptors be entitle to she be  condemned and sell in the court of admiralty there the recaptors have their  moiety and the overplus money remain in the hand of the officer of that court  a action be bring by the defendant upon the policy who have a verdict the  plaintiff bring a bill suggest the capture to be fraudulent and do design by  the captain and move now for a injunction to stay the proceed at law the  counsel for the plaintiff argue that though the capture may not be fraudulent  yet the defendant ought not to recover more on the policy than a moiety of the  loss as the act of Geo c S give the savage to the owner and be be entitle to  receive it from the officer of the admiralty and that the plaintiff ought to  be oblige to pay no more than the loss he have actual sustain which can be  ascertain till after the defendant shall have receive what may have come upon  the savage the defendant in his answer have swear he have offer and be now  Willing to relinquish his interest to they in the benefit of the savage and  will give they a letter of attorney for that purpose to receive it Lord  chancellor there be no ground for a injunction in this case here there be a  agreement to go to trial in one of these action which have be bring and to be  bind by the event of that atkins at the time of the trial they know the ship  be retake and the manner of the capture the quantum of the damage and loss  sustain be the only thing now to be dispute for it be impossible to carry on  trade without insure especial in the time of war therefore regard must be have  to the insure as well as the insurer and where there be no admission in the  answer of any kind of fraud though various pretence of that sort may be set up  by the bill they be not to be regard the question then arise on the statute of  Geo with regard to the savage it have be say there ought to be only half the  loss recover on the policy and as to that the act have make great alteration  in the law of nation with regard to recaptures the carry a ship infra prsidium  victim or si pernoctaveri with the enemy make it the prize of the person  retake it as if it have teen original the ship of the enemy but by the act the  recaption be the revesting of the property of the owner but where insurance be  interest or no interest I be doubtful whether the act can operate or not  atkins er p this be a insurance accord as interest shall appear if there be a  savage that must be deduct out of the money that recover by the policy but if  none have come to the hand of the plaintiff in the action the jury can take  notice of it the ship be condemned and sell because the moiety be not pay or  secure to be pay by the owner it be uncertain whether the defendant will  receive any thing or not and if any thing be recover he must have a allowance  for his expense in recover therefore I take it when he be Willing to  relinquish his interest in the savage he ought to recover the whole money  insure it will be mischievous if it be otherwise for then upon a recapture a  man will be in a worse situation than if the ship be total lose note decree  that the defendant shall assign all his right in the ship success and the  benefit of the decree make in the admiralty court and upon such assignment the  plaintiff bill to be dismiss Reg lib b fol