delivered tne opinion of the court. The assured in this policy, has, certainly, made out a case of more favor than the one we have just disposed of; for he was not owner, but only master of the Polly, and therefore, could not refuse to take the goods of Stansbury; nor had .his interest, or agency, any influence on the confiscation. The judgment of the court below must therefore, be affirmed with double costs.
Judgment affirmed