Red Wing Mills v. Mercantile Mut. Ins.
District Court, S.D. New York
In Admiralty. On the fourteenth of December, 1878, the libelants delivered to the Merchants’ Dispatch Transportation Company, at Bed Wing, Minnesota, 800 barrels of flour, to be transported from Bed Wing to Glasgow, Scotland, and received what is known as a through bill of lading, entitled “The Merchants’ Dispatch Transportation Company and the State Line.”
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In Admiralty. On the fourteenth of December, 1878, the libelants delivered to the Merchants’ Dispatch Transportation Company, at Bed Wing, Minnesota, 800 barrels of flour, to be transported from Bed Wing to Glasgow, Scotland, and received what is known as a through bill of lading, entitled “The Merchants’ Dispatch Transportation Company and the State Line.” On the sixteenth of December the libelants took out a eertiiicato of insurance from the respondents’ company, to the amount of $2,800, upon the 800 barrels of flour insured, to be shipped “on board of the State Line, at and from New York…
1Opinion of the CourtBrown, J.
I do not think that this case should be determined with any reference to what the agents of the insurance companies in New York might consider as coming within the description of “The State Line.” The merchants who ship these goods by a through bill of lading, a thousand miles away in the interior, and who deal with the insurance company’s agents there, have a right to rely upon the *117ordinary moaning and scope oí the terms used in the certificate of insurance, unless a more restricted meaning is proved to have been recognized and established by general mercantile usage, or else expressly…
2Cited by3 opinions
- Canton Ins. Office, Ltd. v. Independent Transp. Co.Court of Appeals for the Ninth Circuit · 1914
- Rose and Lucy, Inc. v. Resolute Insurance CompanyDistrict Court, D. Massachusetts · 1965
- Butler v. KansasDistrict Court, D. Massachusetts · 1898