caoswum. v. Mnncsurinm uu':. INS. oo. 25
Great Western Steam-ship Line, and was lost, with all on board, on
the outward trip. Suit is brought to recover amount of insurance.
Warner at Stevens, for plaintiff.
Yeung cé Lighmer, for defendant.
Nnnson, J. This action is brought on a marine insurance policy
to recover for loss of Hour shipped from Minneapolis to Bristol, Eng- V
land. The insurance was eifected on a running policy to the defend-
ant’s agent in St. Paul, and the blank certincate of the amount of
the insurance issued by the company, and indorsed by the persons
therein named, was Hlled up by an insurance agent in Minneapolis,
to whom the shipper applied. The certificate declares the goods are
"shipped on board of the Great Western Steam-ship Company," with-
out 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 my opinion, is decisive of
the case, does the contract conHne the risk to a shipment on board
vessels owned by or constituting the Great Western Steam·ship Com-
pany’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 Hrst voyage.
The shipper, when notified that the Hour was laden on this vessel, an
extra one of the line, reported the fact to Ames, the insurance agent _
who had Hlled up and given the certihcate, 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, un-
der all the circumstances, that Ames, who was intrusted with the
blank certificates, and authorized to Hll them up and take risks, rep-
resented the insurance company, and that his assent binds it; but
in the view entertained it is not necessary to so decide. The name
of the 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 com-
pany it is done; so that, before concluding the contract, it may have
all the data with which to Hx the rate of premium. In this case the
shipper resided far away from the seaport, and by this contract he
was enabled to insure his Hour 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 un-
seaworthy, or of a class rated less than the vessels owned by or run-
ning in the Great Western Steam-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
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