Tweedie Trading Co. v. Western Assur. Co. of Toronto

Citations

• 179 F. 103
• 102 C.C.A. 397
• 1910 U.S. App. LEXIS 4618

Syllabus

<p>1. Insurance (§ 138*) — Marine Insurance — Construction of Poijccy.</p> <p>Certificates insuring freight, issued under running policies, are not invalid because the policies are upon cargo; but the policies, for the purpose of such certificates, must be read with the substitution of freight for goods and merchandise.</p> <p>[Ed. Note. — For other cases, see Insurance, Cent. Dig. § 246; Dec. Dig. § 138.*]</p> <p>2. Insurance (§ 115*) — Marine Insurance — Freight—Insurable Interest.</p> <p>The chartered owner of a steamship, which subchartered it for a voyage for a lump sum, one half to be paid in advance and the other half by the bill of lading freight, has. an insurable interest in such freight.</p> <p>[Ed. Note. — For other cases, see Insurance, Cent. Dig. §§ 154-157; Dec. Dig. § 115.*]</p> <p>3. Insurance (§ 415*) — Marine Insurance — Freight—Seaworthiness oe Vessel.</p> <p>Under a charter of a vessel to carry a cargo of live stock, the fodder to be provided by the charterer, the fodder was an appurtenance of the cargo, and not of the vessel; and the fact that it was not of proper kind, by reason of which there was an excessive mortality among the animals on the voyage, did not render the ship unseaworthy for the voyage, nor affect the right of the owner to recover on policies insuring the freight, including the risk of mortality. ■ '</p> <p>[Fd. Note. — For other cases, see Insurance, Cent. Dig. § 1111; Dec. Dig. § 415.*]</p> <p>4. Insurance ■(§ 489*) — Marine Insurance — Extent oe Doss — Expenditures Under Sue and Labor Clause.</p> <p>Under the sue and-labor clause of mariné policies insuring freight on a cargo of live stock, where, because of the refusal of the cattlemen shipped to work, the ship was compelled to deviate from her voyage to procure others, the insurers are liable in the first instance for the expenses incurred in such deviation, being subrogated to the right of the insured to recover 'Contribution in general average.</p> <p>[Ed. Note. — For o