The New York herald., 1871-02-02
MARINE. INSURANCE..
Important to Insurers and Insurance Com.
panies-Decislon by Judge BIatchiord.

case, rare in its character but having prece
| dents, however, for ii, In connection with tn,
| ehecting OF insurance on vessels at sea, came III
| for final decision yesterday, before Judge Blatch
| lord. We refer to cases wherein the owners OIL
chorterers OF vessel supposed to be on her voyage
come to an insurance oflice and effect insurance,
ante-datng the Insurance, as to include the date
Of the vessels departure from given port. Follow.
ing thls instances have been when the vessel SO
insured had already succumbed to the perils OF the
sea- and OF course, litigation followed the claim OF
the Insurers for the amount OF their policy
The case below may be taken as case in point
on which, however, the Judgment Is for the plaintiff
Benjamin r. Folsom u.s. The Mercantile Mutual
Insurance Companv-Yesterday Judge Blatchford
rendered his decision In the above entitled case
Judge Blatchford says
This is an action tried before the court without a
jury to recover the sum OF $4,000 on policy OF
TIL March l. 1869, on the schooner B. i Folsom nic Tor
the sum OF S3.O00 rsm January !, 1869, TO January
l. 1870. The policy valued the vessel ut $3,500 II
dld not state who the master OF the vessel was or
what voyage she was upon. The rate of premium
was expressed to be twelve per cent net. The
policy contained this written clause Privilege to
cancel at the expiration of six months pro rata
premium to be returned for time not used, loss
being claimed The words lost or not lost"
sailed from Boston Tor Montevdeo and Buenos
Ayres, on the 9th of January, 1869, with John Or
schooner. she was disabled at sea on the 18th OF
Jaruary losing two OF her mass and her entire hull
became total loss owing to the perils OF the sea.
The crew were taken off by Bremen vessel and
landed at Bremerhaven on the 18th OF February. On
the Goth OF February John Orlando, master of the
vessel wrote and mailed at Bremerhaven a letter 10
the plaintiff, who was one Of The owners OF the
sell at Philadelphia, announcing the loss. This let
ter reached p.alntin after March 9, In due course
OF mali. allu Iuller letter from the
master, written at Bremerhaven, reached The
N raaa fal
him Bremerhaven postnark OF February 81:
owing to the want of means on the part Of the mas
ter he was unable to communicate with the owners
OF the vessel by telegraph, but he was furnished
with boarding house at Bremen and passage to
on the 22d OF February there was published in the
daily papers OF Philadelphia and New York tele-
graphic despatch in these words:-"Llvcrpool, Feb
ruary 2l.UrlaDdo from Baltimore for Buenos Ayres,
lost at sea; crew saved and landed at Bremer-
haven" Tns despatch. as so worded, was seen by
the plaintiff before he applied to defendants for the
Insurance. and the defendants had posted the
telegram INTO book, with the word
Orlando written over It. But the piaintlff did not
can the delendants attention to the telegram in
question: nor 10 the fact that he knew the master of
ms vessel was John orlando; that she had sailed
from Boston for Montevidco, and not rom Baltimore
to Montevldeo anu Buen0s Ayres. At the tine o the
insurance the defendants were aware OF the exist
ence OF bark called The 0rando whaler, but they
had not noted the existence OF schooner Orlando.
The defendants contend that as the vessel lost
when the contract was made. March |, and the
words iost or not lost are not found In the policy,
the insurance never took eject, and the plaintiff
cannot recover. This would be sound II the
vessel had been lost before January /, 1869.
BUT by the policy the risk Is taken from January
l. 1869, 10 January /, ls70 1t is risk FOR the whole
OF tnat period, and covers loss during any part or
that time. The premium paid was Tor the whole OF
that time. As the vessel safe The lst OF jan
nary, 1859. SHE was within the terms OF The contract,
that the defendants took the risk upon her. Ii
this were not so the defendants would be enjoying
the premium Tor the two months from January To
March l, ana yet be running no risk for that time
q Phillips on insurance, section S25; / Arnould on
Insurance. sec 20: hammond VS.. Alien; 2 sumner.
SS7, 396 to 39S In the present case it is not shown
that either party knew OF the loss when the policy
was issued, ana i am OF opinion, says Judge
Blatchord, that the pelicy must be con-
strued as covering any loss winch occurred
after January !, 1869. although before
March |, 1860. Conceding that the fact the mas
ters name being Orlando ana that the vessel had
sailed Tor Buenos Ayres and Montevideo were ma
terial and had been concealed from the deendants,
yet the Judge holds that the fact OF concealment
should be mace out afiirmatlvely by the under
writer's The defendants had not shown that the
piantih did not, before the policy issued, COM
municate to them the fact that the name OF the
master was !ohn Orlando and that the vessel had
sailed Tor MJnteyideo and Buenus Ayres. In tie
absence OF such proof IL must be assumed that the
defendants were advised OF such facts. After stating
some other views OF the case the Judge ns for the
plalntif for 49, 0o0 with interest FROM May T. 1862
Charles NJ. Da Costa for the plalntn Townsend
Scudder for the defendants.