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dollars, Allen paid to him the difference, z MARILIML LAW. * Ataterm of the appellate court, begun andgheld at Chicago, on Tuesd»y the sixth day of March in she year of our Lord one thousand eight hundred and eighty eight, within and for the eaid first district of the state of Lilinois: Present Hon. Thos. A. Moran, presiding | justice; J. E. Bailey, justice; Wm. M. Me- j Allister, justice; Jon. J. Healy, clerk; C. R. Matson, sheriff. 5 Continental Insurance Co. of New York city, vs. Cullen ©. Allenet al. Filed May 16th A. D. 1888, No. 2755. This was a suit of appellees against the insurance company, appellant, upon a cer- tificate bearing date November 20th 1884, of marine insurance in the sum of $4,000 upon the bull of the tug Alice E. Getty, sabject to the conditions of the company’s general hull policy, whereby the defendant insured the plaintiffs on said tug in said sum from No- vember lgth to November 30rh 1884. It appears that at about 8 o'clock on the morning of said November 19 the said tug started on a towing voyage from Muskego, to the port of Pentwater, both ports being upon eastern shore ot Lake Michigan, and about 40 miles apart, but connected by Uirect communication by railroad, telegraph and and telephone; That one Lewis was an agent in the fire insurance business at Muskegon; had been for some five years, and had done business with some of the plaintiffs as such; that oa the evening of said Nuvember 19th, Allen, one of the plaintifis, and familiarly acquainted with Lewis, called upon the lat- ter, to have him procure marine insurance upon said tug from that day to the thirteenth of the same month in the sum of four thou- sand dollars; that Lewis then made an esti- mate ot what the premium should be, in- tormed Allen that it would amount to fifty two dollars, which Allen paid to him. That about eleven o’clock a. m. No- vember 20th, Lewis by telegram employed the office of one Littlefield, an insuranceagent and broker in the city of Chicago, to place said insurance and that between that time and three p. m. several communications by telegraph passed between them, some relative to the premium, but Lewis in- sisting that the risk should begin on the loth day of the month; that the business on be- half of Littlefield’s office was conducted by Parker, a clerk of the latter; that,applica- tion having been made by Parker to the agent of the defendant in Chicago of the name of Rispin some time after noon of said day, a: d the rate of premium being ag:eed upon, which amounted to sixty dullars, but which was not paid, Rispin made out a cer tificate, by which the risk was to begin at and from 3:80 o’clock of that dvy, but that not being satisfactory to Parker, whose in- struction~ were to have it begin on the Igth inetead of the 20;b he insisted upon the cer- tificate being changed so as to attach on the loth.; that the certificate was finally so changed by Rispin, but not then delivered, It appears that the tug met with a disaster about 8 o'clock of the morning of said twentieth ot November by reason of violent wind, high sea, und her tow, line being car- ried from the deck and becoming entangled in the whee! of the boat, so that in early morning of that day she was stranded and wrecked upon the beach at suid Pentwater. It appears that after the communication between Lewis and the office of gaid Little- field, by which it was ascertained that the premium would be sixty, instead of fitty two but Lewis kept the whole, and no premium was ever paid to defendaut, nor was. there evidence tending to show thatthe defendant gave any credit to him in respect thereto, There’ wus no evidence tending to show thar Lewis ever was the actual or apparent agent of the defendant. company, and upon the latter offering to prove that he was uot, the court rejected the evidence. ad) eeitet There was evidence tending to show that the plaintiff Ailen knexy ot said disaster to the tug, and by the exercise of reason ible diligence might huve notified the d: fendant thereof, before said vertifieate was de'ivered by Rispin, who had no such notice, and the evidence tended to siow that Parker, who acted for and on behalf of plaint-ff: in pro- curing said in-aranee, bad read an account -of suid di aster to said tug in a OCuicago morning paper, betore said certifica e -of insurance was delivered by Rispin, and that he made no menuon of it to the latter. ‘Lo avoid the etfect of such state of things, the plaintifl’s counsel asked for and the court! gave an instruction to the jury, upon the theory that a valid contract of insurance was effected ‘on the 19 of November, between plaintiffs (through Allen) with Lewis, and the payment of the premium to him, to which the written policy would attach by relation. It reads:— “Lhe court instructs the jury that if they believe from the evidence that the plaintifis or some one of them, made application for marine insurance on the tug Alice E. Gotty, to an losurance agent or agents at Muskegon in state of Michigan, on the 19th day Novem- ber, 1884, and that said agents agreed to fur- nish said insurance, and that subsequently and on the 20th day of November 1884, the plaintiffs paid the said agents the premium for the insurance covered by the certificate in question, and that afterwards said insnrance agents delivered the insurance certificate in question to the plaintiffs, and that at the time of the payment of said premium the plaintiffs had no notice of the stranding of the tug men- tioned in said certificate, or that they did not receive notice of the stranding of said tug un- The Marine Record. for lnaribe ee. ee te the Vessel in ques- | LITERARY NoTI E. tion, on the evening of November 19th, 1884, In thé May namber of Women, Julia Ward and before the loss, had been the agent of the | flowe has.a thoughtful paver on * How to ex- jnsurance company defendant, and had the | tend the Symphathies of Women,” in which she actual or apparent authority by a contract of | shows how true education enlarges the natural insurance and as such had entered into such | limits of feminine character, and urges women contract on behalf of the defendant at that time | to emancipate themselves from intellectual aar- and recived the premium, then auch contract | {72 fh it paver on Womans Clubs By would have been binding, although the vessel) gravings of the promivent members of the Mer- had been lost intervening that time and that of | 1dian Clubs, which form the subject of this a: ti- DETROIT DRY DOCK C0,, til it was too late to notify the agent of the defendant of such fact before said insurance had been placed and accepted, then said cer- tificate, although the jury muy believe from the evidence that it was issued after the strand- ing of said tug, still it wae binding on the defendant, and the plaintiffs are entitled to recover the amount due thereon, with in- terest at six per cent per annum from the ex- piration of sixty days from the time proof of loss was furnished or tendered +o the defend- ant or its agent, together with two thirds of such expenditure and outlay as the plaintiff made or incurred in their attempt to save said tug, provided the jury further believe trom the evidence that the immediate cause of the stranding of the said tug was one of the perils insured against, and the tug became in consequence thereof a total loss.” The jury found for plaintiffs, assessing their damages $5,348.47. The court overruling de- fendant’s motion for new trial gave judgement on verdict, from which the latter appealed to this court. Mc. Allister, J. « IfjLewis, at thejtime Allen applied to him the making of the certificate of insurance. Per- kins ys. the Washington insurance company 4 Cowen 645. In that case, the policy or certificate, even if not delivered until after the loss would take | effect by relation as of the time when the premium was paid and the contract cluded, provided of course, thatthe certificate or policy, contained nv terms inconsisten' there” with. Lightbody vs. North American Ins. Co, 23 wond, 18. Jackson vs McCall 3 Cin 75. It was substantially, upon sucha theory of tie law, that the instruction given on behalf of the plaintiff, and set-out in our statement of the con- case, was based, but the difficulty with it is | that upon the facts of the case, as they were de- veloped by the evidence, no such rule of law can arise, In the light of the evide:ce, Lewis can be re- garded only as the agen: of the plaintiff. There was no evidence in the case tending to show that he was the sgent of vhe defendant, or that he possessed any authority actual or apparent to make any. contract of insurance on its hehalf, Not only that, but to repel any inference of that kind, the defendant offered to prove, by direct testimony, the want of all athority on the part of Lewis to act fur the defendant, and the trial judge rejecteted it. If Lewis was the agent of plaintiffs, and not of defendant as we stated, then it is clear that the transaction between him and Allen on the eyen- ing of November 19th. at Muskegon, as to which the defendant was in no respect constructively, or otherwise, a party, could have no effect what- ever in conferring a right upon plaintiff, or creating a liability as against the defendant, The instruction was, therefore, a plain mis. direction of the jury by the court, and was pre- judicial to the defense which the defendant had aright to make, viz; that no contract was con- summated with the defendant until the delivery of the certificate of insurance, privr to which the loss occured which was known to plaintiffs aod unknown to defendant, and by the former and their agents concealed from the latter. I Parsons on marine insurance, p. 468 and cases in notes. For giving that instruction the judgement must be reversed, and cause remanded. Judgement reversed. Robert Ray, for Insurance Co, Scuyler and Kremer, for Alien et al, I, John J. Healy, clerk of the Appelate Court, in and forthe first district of the state of IIli- nois, do hereby certify that the foregoing is a true copy of the final opini n of the saia Appel- late court in the above entitled case, of record in my office. In testimony wherof, I have here unto set my hand and affixed the seal of the said Appellate court, st Chicago this Ist day of May in the year of our Lord one thousand eight hundred and eighty eight, Jno. J. HvaLy ny Price $2.75 ayear, Woman Publishing Co., — —- | A sub-committee of the property com- mittee was held last week for the purpose | of considering the application of what is known as the “Toronto Dry Deck and Shipping Company,” to’ have their lease of eight acres of the marshes at the Don |renewed. 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