24 FEDERAL REPORTER.
Caoswmm. v. Mmaosurrnm Mor. Ins. Co.
(Ctrcuit Uaurt, D. Minnesota. January, 1884.) .
Mmmm INBURANCE—DESCRIPTION or- Vassar.,
Where an insurance certificate, issued under a policy of marine insurance,
described the goods as “shipped on board of the Great Western Steam-ship
Company," held that shipment upon a vessel not owned by the company, but
chartered by it and placed upon its line as one of its vessels, satisfied the terms
of the contract. `
Stipulation is filed waiving a jury. On March 8, 1879, the plain-
tiff shipped a quantity of flour, by through bill of lading, from Minne-
apolis to Bristol, England. He applied to an insurance agent in Min-
neapolis, who gave him a certihcate insuring him to the extent of
$1,100. The certificate is in the following form: .
" Insurance Certificate,
"$1,100, Gold. No. 63,203.
V “OFFICE or rmt Msnoarrrinn MUTUAL INSURANCE COMPANY,
` “N1a:w Yom:, March 8, 1879.
"This is to certify that on the eighth day of March, 1879, this company
insured under policy No. 135,723, dated ——-—- 187-, and made for H. J.
G. Crosswell, —— ——— dollars in gold, on three hundred and twenty (320)
sacks of flour, valued at eleven hundred dollars, shipped on board of the
Great Western Steam-ship Company, at and from Minneapolis to Bristol,
England; and it is hereby understood and agreed that in case of loss, such
loss is payable to the order of Chamberlain, Pole & Co. on surrender of this
certificate.
" This certificate represents and takes the place of the policy, and conveys
all the rights of the original policy—holder (for the purpose of collecting any
loss or claim) as fully as if the property was covered by a special policy direct
to the holder of this certificate, and free from any liability for unpaid premi-
ums. ~
“C. J. Pssrsnn, Secretary. A. W. Monreomr, J 1:., President."
Indorsed on the side:
"N ot valid without the counter-signature of agent.
"S. S. Enom.
°‘NOTIOE. To conform with the revenue laws of Great Britain, in order
to collect a claim under this certificate, it must be stamped withimsiirty days
after its receipt in the united kingdom."
The Mercantile Mutual Insurance Company had issued a running
policy to S. S. Eaton, of St. Paul, and given him blank certificates
to fill up when a risk was taken. He was its agent, with full author-
ity to act. The running or open policy to Eaton, on account of whom
it may concern, is dated March 16, 1878, and did not restrict insur-
ance on merchandise to or from any particular ports, nor prohibit
the insurance upon any particular vessel or vessels. The flour was
shipped on the steamer Bernina, rated "A N0. 1," which had been
recently charted by M. Whitwill & Son, promoters and owners of the