can be no recovery, where there has been a default.1 Satisfactory proof is necessary of the default of the member, or of his loss of good standing, in order that the condition be enforced by the court. The default of the member may be waived by the issuance of a certificate that he is in good standing, and the levying of later assessments upon him. Also by the receipt of assessments from the member, with knowledge of the default; or by payment to the subordinate lodge, where it is the agent for such purposes of the superior lodge; or by the payment of it by the subordinate lodge for or in behalf of the member." A member who has been suspended for failing to pay an assessment is not in "good standing" within the meaning of the by-laws or benefit certificate; nor is one who is behind in his payment, though not formally suspended.3

§ 2165. What insured bound and what not bound to disclose.

§ 2176.

Constructive total loss.

$2174. Reshipping cargo- Liabilities of insurer.

§ 2175. Insurance free from average. Memorandum articles.

Abandonment defined - When permitted.

§ 2187.

§ 2188.

§ 2189.

Effect of abandonment - Assured's interest passes to insurer.
As to freight.

Insured agents become insurer's agents.

§ 2190. Waiver of abandonment.

§ 2191. Rights of owner omitting to abandon. § 2192. Liability of insurer refusing to accept.

§ 2152. Marine Insurance Defined The Contract. · Marine insurance is an insurance against risks connected with navigation to which a ship, cargo, freightage, profits, or other insurable interest in movable property may be exposed during a certain voyage or a fixed period of time.' A mistake in the name of a vessel in a policy does not prevent a recovery if both parties had in view the same. vessel, and the underwriter, when the policy was issued, knew the true name, or intended to insure the particular vessel lost; but when there is a mistake as to the vessel sought to be insured, and the policy is upon another vessel than that for which application was made, no contract exists, as the minds of the parties do not meet.2

3

§ 2153. Insurable Interest Who has. The term "interest," as used in regard to the right to insure, does not imply any property in the subject of insurance. Thus one may insure his equitable interest in property, the legal title to which is in another; and the following, it has been held, are insurable interests, viz.: The interest of the owner of a chartered ship; or the interest of a charterer of a ship; or of the owner of a ship hypothecated by bot

1 Cal. Civ. Code, sec. 2655; N. Y. Civ. Code, sec. 1446.

2

Hughes v. Mercantile Mutual Ins. Co., 55 N. Y. 265; 14 Am. Rep. 254. Buck v. Chesapeake Ins. Co., 1 Pet. 163.

Oliver v. Greene, 3 Mass. 133; 3

Am. Dec. 96; Locke v. North American
Ins. Co., 13 Mass. 61.

5 Even where the charterer has covenanted to pay him its value in case of loss: Barber on Insurance, sec. 94. Bartlett v. Walter, 13 Mass. 267; 7 Am. Dec. 143.

8

tomry;' or of a lender on a bottomry bond;2 or of the owner in the freight which would have been carried but for the loss; or of a person who has made an oral contract to purchase a ship; or of a commission merchant to whom a cargo is consigned for sale; or of a lienor; or in profits on goods shipped;' or of a mortgagor of a vessel; or of a mortgagee; or of a part owner; 10 or of the master;" or of one who has spent money on the ship for repairs; 12 or of an assignee of the commissions of a supercargo; a vendee of a vessel who has made part payment; " or of a vendor who has contracted to sell a vessel for a fixed price, and to make title upon the payment of that sum.15

13

14

or of

An insurance for whom it may concern is limited to those who have an insurable interest, who may be lawfully insured, and for whom it was intended, under their prior authorization or subsequent adoption.16 Different

1 Kenny v. Clarkson, 1 Johns. 385; 3 Am. Dec. 336. But his insurable interest is only the excess of the value of the ship over the amount secured by the bottomry bond: Barber on Insurance, sec. 95.

2 Glover v. Black, 3 Burr. 1394; Mackenzie v. Whitworth, L. R. 10 Ex. 142; 1 Ex. Div. 36; Robertson v. United Ins. Co., 2 Johns. Cas. 250; 1 Am. Dec. 166; Jennings v. Ins. Co., 4 Binn. 244, 251; 5 Am. Dec. 404. And see Ins. Co. v. Gossler, 96 U. S. 645. But such interest must be specially mentioned in the policy: Id.; Kenny v. Clarkson, 1 Johns. 385; 3 Am. Dec. 336.

3 Thompson v. Taylor, 6 Term Rep. 478; Adams v. Ins. Co., 22 Pick. 163; 1 Arnould on Insurance, 202. See Christ v. Barkee, 2 Johns. 346; 3 Am. Dec. 437.

185.

Arnswick v. Ins. Co., 129 Mass.

♪ Putnam v. Ins. Co., 5 Met. 392; Holbrook v. Brown, Mass. 280.

6 Russell v. Ins. Co., 1 Wash. 409; Seamans v. Loring, 1 Mason, 127.

7 Abbott v. Sebor, 3 Johns. Cas. 39; 2 Am. Dec. 139; Fosdick v. Ins. Co., 3 Day, 108; French v. Ins. Co., 16 Pick. 397; Locke v. Ins. Co., 13 Mass. 61.

8 Strong v. Ins. Co., 10 Pick. 40; 20 Am. Dec. 507; Curry v. Ins. Co., 10 Pick. 535; Higginson v. Dall, 13 Mass. 96; Wilke v. Ins. Co., 19 N. Y. 184.

Clark v. Ins. Co., 100 Mass. 509; 1 Am. Rep. 135.

Bulkley v. Fishing Co., 1 Conn. 571; Oliver v. Greene, 3 Mass. 133; 3 Am. Dec. 97; Knight v. Ins. Co., 26 Ohio St. 778; 20 Am. Rep. 778. But a part owner insuring a vessel as owner cannot recover anything for the shares or interests of his co-owners: Finney v. Ins. Co., 1 Met. 16; 35 Am. Dec. 343.

11 Buck v. Ins. Co., 1 Pet. 163; Holbrook v. Brown, 2 Mass. 280.

12 Buchanan v. Ins. Co., 6 Cow.

319.

13 Wells v. Ins. Co., 9 Serg. & R. 103. Or the supercargo himself: New York Ins. Co. v. Robinson, 1 Johns. 616.

14 Rider v. Ins. Co., 20 Pick. 259; Kenny v. Clarkson, 1 Johns. 385. 15 Stuart v. Columbian Ins. Co., 2 Cranch C. C. 442.

16 Frierson v. Brenham, 5 La. Ann. 540; 53 Am. Dec. 603; Haynes v. Rowe, 40 Me. 181; Augusta Ins. etc. Co. v. Abbott, 12 Md. 348.

parties, having different interests in the same subjectmatter, may severally procure insurance of their several interests. But one whose interest was not intended to be insured cannot claim the benefit of an insurance effected by others, although, by the terms of the policy, his interest would seem to be covered. Although a consignee has, under ordinary circumstances, no insurable interest in goods consigned to him for sale on commission beyond the probable amount of his commissions or profits, still, if he is instructed by his principals to insure for their benefit, he may protect himself against losses by insuring the whole property consigned. So an insurance effected by one joint owner in his own name, on account of inures to the benefit of his co-owner, where it appears that he had previously agreed to insure his coowner's interest, and afterwards declared that he had done so. Although a vessel may be liable to forfeiture for a cause not connected with the policy, she is nevertheless a subject of lawful insurance.5

§ 2154. Freight-Meaning of—Insurance of.-Freight, in a policy of marine insurance, means the benefit derived from the chartering of the ship, or the employment of it in carrying. It may be insured' without reference to the profits. The following may be insured under the designation of freight, viz.: The interest of the ship-owner, who also has cargo on board, in its safe arrival; the interest of one not an owner of the vessel, e. g., a charterer;10 6 Kent's Com., sec. 219.

1 Higginson v. Dall, 13 Mass. 96; Locke v. North American Ins. Co., 13 Mass. 61.

Pacific Ins. Co. v. Catlett, 4 Wend. 75; 1 Wend. 561.

Shaw v. Etna Ins. Co., 49 Mo. 578; 8 Am. Rep. 150; Johnson v. Campbell, 120 Mass. 449; Home Ins. Co. v. Warehouse Co., 93 U. S. 327; Sturm v. Ins. Co., 63 N. Y. 77.

Burrows v. Turner, 24 Wend. 276; 35 Am. Dec. 622.

9

7 McGaw v. Ins. Co., 23 Pick. 405. Lockwood v. Ins. Co., 47 Mo. 50. De Vaux v. J'Anson, 5 Bing. N. C. 519; Wolcott v. Eagle Ins. Co., 4 Pick. 429; Flint v. Flemyng, 1 Barn. & Adol. 45.

10 Oliver v. Greene, 3 Mass. 133; 3 Am. Dec. 96; Bartlett v. Walter, 13 Mass. 267; 7 Am. Dec. 143; Clark v. Ocean Ins. Co., 16 Pick. 289; Robinson v. Ins. Co., 1 Met. 146. Contra, Riley v. Delafield, 7 Johns. 522; Mellen v. Ins. Co., 1 Hall, 462.