Schaefer v. Baltimore Marine Insurance
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This action was instituted to recover the value of certain bacon, shipped on board the Steamer Kingfisher, and totally lost on a voyage from Baltimore to Charleston, and which the appellant claimed was covered by a policy of insurance issued by the appellee.
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Appeal from the Court of Common Pleas. This action was instituted to recover the value of certain bacon, shipped on board the Steamer Kingfisher, and totally lost on a voyage from Baltimore to Charleston, and which the appellant claimed was covered by a policy of insurance issued by the appellee. The policy was a running policy and contained the following stipulations: “no shipments to be considered as insured until approved and endorsed on this policy by this company, endorsements valued at the same, provided they do not vary from the cost more than — per cent.* * * and “ beginning the…
1Opinion of the CourtStewart, J.
The policy in this case, with its accompaniment, the policy-book, constitutes the written contract between the parties.
In the trial below, objection was made by the defendant to the admissibility of certain proposals of insurance made by the plaintiff to the defendant, for the purpose of shewing that the article “ bacon,” claimed by the plaintiff to have been insured, was not in fact valued, although it so appears in the endorsement in the policy-book; because the tendency of such parol testimony was to vary the written contract between the parties.
This objection the Court overruled at that…
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