Orient Mutual Insurance v. J. Reymershoffer's Sons

Stayton, Associate Justice.—

This suit was brought by Reymershoffer’s Sons for the use of Fernando Chao, against the Orient Mutual Insurance Co., to recover the value of eighty barrels of honey, alleged to have been insured under the company’s open policy, and to have been lost in a storm at sea from the vessel on which the same was shipped, while in transit from Tuspan, Mexico, to Galveston, Texas.

There was no question made as to the execution of the policy, and memorandum applying the cargo of which the honey was a part, nor as to the loss; but it was claimed that the honey was carried upon…