of the vessel, payable to him, and, before any loss, took from B. a bill of sale of his share. Held, A. might recover the amount of a subsequent loss in full, for his own use. - Martin v. Fishing, &c. xx. 389. A. 8, A., the plaintiff, B. and C. contracted for the purchase of a ship, paid part of the price, and gave their joint and several notes for the balance, and received possession of the vessel, but the vendor retained the legal title, with power, if the price were not paid, to sell the ship, and from the proceeds pay the notes. procured an insurance upon the vessel for whom it might concern, payable to the vendor. A partial loss having occurred, the vendor repaired and sold her, and paid himself from, the proceeds, and B. and C. assigned to A. all their interest under, and all benefit to be derived from, the contract. Held, A. B. and C. had an insurable interest; that A. might recover in his own name the whole of the loss; but that the declaration must conform to the facts, and aver that the policy was made for the use of the three, and that they were jointly interested, both at that time, and at the time of the loss. Rider v. Ocean, &c. xx. 259. 9. The defendants" caused A., for the owners, payable to A., to be insured." The defendants had no claim against A. Held, an action might be maintained against the defendants in the name of the owners, with the consent of A. wealth, &c. xviii. 53. Farrow v. Common B. What will be covered by an insurance; and of the commencement, continuance and termination of the risk. 1. Goods or property laden on deck are not covered by a policy upon goods or property, generally, without an express assumption of this risk. Taunton, &c. v. Merchants', &c. xxii. 108. 2. Otherwise, where the property is insured by name, and is of a kind, which, for its own safety, or for this cause and the safety of the ship also, is usually carried on deck; because the insurers will be presumed to have notice of this usage. — Ibid. 3. The defendants having insured "copper" on board a vessel from New York to Taunton, a quantity of copper in pigs was laden on deck. There was a usage to carry on deck, without notice to the shipper or any difference of freight, goods not liable to injury from dampness; but no proof was offered that insurers had ever paid for losses of goods, thus laden, unless they had made a special contract, or from the nature of the property were presumed to have assumed the particular risk. The copper in this case having been lost in Long Island Sound, held, the insurers were not liable. Ibid. 4. A general policy on freight covers only freight for carrying goods under deck. Hence, in case of a general policy on freight, a provision in a charter-party, that the vessel shall carry timber both on and under deck, need not be disclosed, unless a special inquiry be made. - Adams v. Warren, &c. xxii. 163. 5. " Freight on board a vessel means the same thing, in a policy, with freight of the vessel.” — Robinson v. Manufacturers' &c. 1 Met. 143. - 6. Insurance on freight of a vessel at and from Cadiz to a port in Sicily, and at and from thence to her port of destination in the United States. The vessel was lost in the Bay of Cadiz, after being ready to sail for Palermo in Sicily, having on board a very small quantity of goods on freight, and those shipped for her port of destination in the United States. The assured had chartered the vessel, except the cabin, deck and necessary room for the accommodation of the crew, (reserving to the master the privilege of freight in the cabin,) from Palermo to New York, for $2500, and $35 per diem, demurrage. Held, the whole freight from Cadiz to Palermo, and from Palermo to the United States, was one entire subject of insurance; that the valuation was not so great as to raise a suspicion of fraud; and therefore that the underwriters could not claim to have the policy opened, but were liable to a total loss. - Ibid. 7. It seems, underwriters are responsible for the conduct of the master or mariners in the practical navigation, care and management of the vessel after the commencement of the voyage, if the actual loss arise from a peril insured against, though such peril was occasioned or increased by the negligence, carelessness, bad seamanship or other misconduct (not amounting to barratry) of the master or mariners. Copeland v. New England, &c. 2 Met. 432. 8. The stealing of a cargo by the mariners, unless it consist of petty thefts, is barratry. Stone v. National, &c. xix. 34. -- 9. Such loss is covered by a policy upon the master's adventure, against barratry of the mariners. - Ibid. 10. The mate of a vessel took a bill of lading of an outward adventure, and received the proceeds in dollars, which he put into his trunk. He usually kept the trunk in the cabin, but, while the cabin was being painted, in a foreign port, the officers slept and kept their trunks and baggage in the steerage, the mate's trunk being placed under the steerage steps. The trunk having been opened, and the money abstracted, by the cook and steward, the mate brings an action upon the policy. Held, the facts showed no negligence in the plaintiff, sufficient to discharge the defendants from their liability for barratry of the mariners. — Ibid. 11. Where, by the perils insured against, a vessel receives a strain, which alters her shape so that she cannot be perfectly repaired without rebuilding, and her value is thereby diminished, the underwriters are liable for such depreciation, in addition to the cost of repairs, though she is made seaworthy by the repairs, and afterwards insured at the same premium and valuation as before the injury. Giles v. Eagle, &c. 2 Met. 140. 12. A policy does not cover the expense of surveying a damaged ship, after return to the home port. - Ibid. 13. The owner and master of a vessel, having on board current bank bills for the purposes of the coasting business, procured insurance upon the ship and property on board, at and from H., in the coasting business, for a certain time, with the usual clause of indemnity against loss by fire. Held, the insurance covered a destruction of the bills by fire. Whiton v. Old Colony, &c. 2 Met. 1. 14. A policy upon a vessel covers the loss of a boat from the stern davits, at sea, unless the boat is proved to have been improperly carried or slung in that situation. Hall v. Ocean, &c. xxi. 472. - 15. Where a vessel leaves her moorings completely prepared for sea, the master intending to proceed on the voyage, and is afterwards stopped by head winds and comes to anchor, still intending to proceed as soon as wind and weather will permit, this is a sailing on the voyage, within the terms of a policy of insurance. - Bowen v. Hope, &c. xx. 275. 16. Insurance upon a ship for a year, and, if at sea at the end of the year, to continue till her arrival in port. Within that period, the vessel being at Bangor in Wales, on the easterly side of the Straits of Menai, ready for sea, dropped down seven or eight miles below Bangor, with the intention of proceeding on her voyage to Boston, but, by reason of head winds, anchored, and was unable to get out of the straits, though she attempted to do so for several successive days, until after the year ended. Held, she was at sea at the end of the year, within the terms of the policy. - Ibid. 17. Held, also, the vessel was on a passage. Ibid. 18. Insurance upon a vessel, "at and from Calais, Maine, on the 16th day of July, at noon, to, at and from all ports and places to which she may proceed in the coasting business, for six months." Held, the policy attached, though there was no evidence that the vessel was at or prosecuting her voyage from Calais on the day named, it appearing, that when the policy was made, neither party knew when the vessel sailed from Calais, and that they intended to insure on time, without regard to the place where the vessel might be. Martin v. Fishing, &c. xx. 389. - 19. Under a policy from a foreign port "to a port of discharge in the United States," the vessel may put into a port in the United States to inquire for a market, and proceed thence to another port in the United States to discharge her cargo. - Lapham v. Atlas, &c. xxiv. 1. 20. A vessel, insured from the West Indies "to a port of discharge in the United States," sailed from the West Indies for Savannah, to dispose of her cargo, and on her passage was somewhat injured. She did not discharge any part of her cargo at Savannah, but, having inquired into the state of the markets, and procured repairs and supplies, staying only a reasonable time for these objects, she sailed for Boston as a port of discharge. Held, she was protected by the policy on the passage from Savannah to Boston. Ibid. 21. Held, the policy was not avoided by taking in at Savannah a deck load of cotton, on freight, for Boston, if no delay or increase of risk was caused thereby. - Ibid. 22. Held, to disprove such increase of risk, the plaintiff might offer evidence of a general usage for the same species of vessels, in various kinds of navigation and at different seasons of the year, to carry deck loads, in connexion with the opinions of nautical witnesses. Ibid. -- 23. Held, in reference to the effect of taking in the cotton, the proper question for the jury was, whether on the whole, balancing the advantages and disadvantages, the risk was thus increased. Ibid. C. What amount shall be recovered upon an insurance. 1. The plaintiff chartered a ship for a voyage from R. in Maine to Trinidad de Cuba, and back to the United States, for which he was to pay $750 at Trinidad and the same sum on her return. A cargo was put on board at R. by a stranger, the freight for which, being $1003, was to be paid the plaintiff at Trinidad. The plaintiff effected insurance for $1000, on freight on board the ship at and from R. to Trinidad, and at and from thence to the United States, and $500 on freight at and from Trinidad to the United States, the freight being valued at $1500. The ship was lost on the outward passage, so that nothing became due from the plaintiff to the owner. Held, the plaintiff had an insurable interest, which was covered by the policy; that, if the valuation was fairly made by the parties, with full knowledge of the material facts, the plaintiff might claim $1000 according to such valuation, but, if it was evasive and a cover for a wager, it should be set aside, and he should recover according to his actual interest. Clark v. Ocean, &c. xvi. 289. - 2. An underwriter assented to an assignment of the policy, "reserving his rights expressed in the policy." By its terms, any loss was to "be paid in sixty days after proof and adjustment thereof, the amount of the premium note, if unpaid, and all sums due to the underwriter from the insured, when such loss becomes due, being first deducted." In an action by the assignee for a loss, held, the defendants might deduct the amount of premium notes, given by the insured for subsequent policies, arising in the ordinary course of business, and without any fraudulent intent to defeat the assignment. — Wiggin v. American, &c. xviii. 158. 3. Held, the defendants, having a claim against the insured on a bottomry bond, might deduct the amount of their claim from the loss on the policy, and need not look to the surety in the bond, though solvent, in relief of the plaintiff. Ibid. 4. A ship, laden with tobacco and cotton on freight, which freight was insured by the defendants; and bound from New Orleans to Havre; was injured by the perils of the sea and a part of her cargo damaged, and she returned to New Orleans for repairs. There was reason to suppose that she could be refitted for sea in three or four months. The cargo could not be forwarded in another ship at a lower rate of freight, and the master delivered it up to the shipper. Held, the defendants were liable for the loss of freight on that part of the cargo which was wholly destroyed, but not in respect to the sound portion, because the master was not bound to give it up without receiving full freight on it, but might have retained it to be transported in his own ship; nor in respect to a part of the cotton sold by the master at New Orleans, in consequence of its being wet by sea-water, though thereby rendered liable to spontaneous combustion. - Mc Gaw v. Ocean, &c. xxiii. 405. 5. A vessel being chartered from New York to the St. John's River in Florida, there to take on board and transport to Charlestown a cargo of timber for so much per cubic foot, a policy of insurance was effected on her freight for the voyage. The cargo was ready to be put on board, upon the arrival of the vessel in the St. Johns, but she was lost on her way thither. Held, the ship |