Croswell v. Mercantile Mut. Ins.
Croswell v. Mercantile Mut. Ins.
Opinion of the Court
This action is brought on a marine insurance policy to recover for loss of flour shipped from Minneapolis to Bristol, England. The insurance was effected on a running policy to the defendant’s agent in St. Paul, and the blank certificate of the amount of the insurance issued by the company, and indorsed by the persons therein named, was filled up by an insurance agent in Minneapolis, to whom the shipper applied. The certificate declares the goods are “shipped on board of the Groat Western Steam-ship Company,” without naming any particular vessel, and the special policy which forms a part of the certificate adds, “or by whatever other name, or names, the said vessel * *’ is or shall be named or called.” No name of the vessel on board of which the freight was laden being named in the policy, the question arises, which, in nay opinion, is decisive of the case, does the contract confine the risk to a shipment on board vessels owned by or constituting the Great Western Steam-ship Company’s line at the date of the policy ? The shipment was made on board the steam-ship Bernina, chartered by the steam-ship company and placed in the line as one of its vessels. This was its first voyage. The shipper, when notified that the flour was laden on this vessel, an extra one of the line, reported the fact to Ames, the insurance agent who had filled up and given the certificate, and was told by him in substance that it would make no difference about the insurance if the vessel was the equal of others in the line. It may well be urged, under all the circumstances, that Ames, who was intrusted with the blank certificates, and authorized to fill them up and take risks, represented the insurance company, and that his assent binds it; but in the view entertained it is not necessary to so decide. The name of tiie vessel and the voyage should be correctly given, according to the terms of the policy, and, ordinarily, when the shipper resides at the port of shipment, or can consult the officers of the insurance company it is done, so that, before concluding the contract, it may have •all the data with which to fix the rate of premium. In this, case the shipper resided far away from the seaport, and by this contract ho was enabled to insure bis flour on the presentation of a through bill of lading, it being impossible to designate and name in the policy the particular vessel. No deceit has been practiced, and there can be no prejudice to the insurance company unless this vessel was so unseaworthy, or of a class rated loss than the vessels owned by or running in the Great Western Bteam-ship Company’s line prior to this voyage.
It is claimed that the premium is greater upon chartered vessels not belonging to a regular line, and testimony has been introduced apparently sustaining this position. I think, however, when we look
Judgment for plaintiff for amount claimed in proof of loss, with interest and costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.