Toledo Fire & Marine Insurance v. Speares

The appellees, who were the plaintiffs, sued •the appellant, who was the defendant, upon an open policy of *53insurance. The complaint contains three counts. Upon the first and second no material question is raised. Hence the case as made by the third count will, alone, be noticed.

The policy bears date March 27,1851, and stipulates, inter alia, “ that the defendant thereby insured the plaintiffs, lost or not lost, at and from the places, by the vessel or vessels, for the amount, at the rates, and on the property specified by indorsements made thereon, by her agent, Martin L. Pierce, against the…