We are of opinion the reprefentation of failing in ballaft, was merely Hating the veffel would not be ex-pofed to the fea perils attending a loaded ihip. It was made in a time of profound peace, and in the prefent inftance, was fubftantially performed. We have no doubt on the condufl of the mailer. It was certainly barratry, and the plaintiff muft have judgment.
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