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Orient Mutual Insurance Company v. Wright/Opinion of the Court

This is a writ of error to the Circuit Court of the United States for the district of Maryland.

The suit was brought by the plaintiff below upon a policy of insurance covering a quantity of coffee laden or to be laden on board the 'good vessel or vessels' from Rio de Janeiro to any port in the United States, 'to add an additional premium, if by vessels lower than A 2, or by foreign vessels.'

The policy contained the following clause in respect to premiums: 'Having been paid the consideration for this insurance by the assured, or his assigns, at and after the rate of one and one-half per cent., the premiums on risks to be fixed at the time of endorsement, and such clauses to apply as the company may insert, as the risks are successively reported.' The policy bears date 27th July, 1855. The company subscribed at the execution $22,500 as the amount insured.

On the 30th July, 1855, the policy was altered by agreement of parties by striking out the words, 'vessels not rating lower than A 2,' as it originally stood, and inserting the words now in the instrument, namely, 'an additional premium, if by vessels lower than A 2, or by foreign vessels.'

On the 4th January, 1856, the company subscribed an additional sum of $15,000, and on the 19th April following the sum of $25,000.

Premium notes were given at the time the different sums were subscribed, at the rate of premium mentioned in the body of the policy.

The agent of the company at Baltimore, who negotiated this insurance, the defendants being a New York company, states that when applications are made to enter risks on running policies, they are endorsed at once by him, and the report of such endorsement transmitted to the company in New York, which names the premium, and this is communicated to the assured; that the premiums specified in the body of the policies are nominal, and the true premiums to be charged are fixed by increasing or reducing the nominal premiums when the risks are reported; and that the nominal premiums taken on the delivery of a running policy are returned, if no risks are reported.

In the latter part of August, 1856, the plaintiff applied to the agent at Baltimore for an endorsement on the policy of the coffee in question, laden or to be laden on board a vessel called the Mary W., from Rio de Janeiro to New Orleans, which application was communicated to the company, in order that they might fix the premium. The company at first declined to acknowledge the vessel as coming within the description in the policy, on account of her alleged inferior character and unfitness for the voyage; but the plaintiff insisting upon the seaworthiness of the vessel, and his right to the insurance within the terms of the policy, the company fixed the premium at ten per cent., subject to the conditions of the policy, or two and one-half per cent., as against a total loss. This rate of premium the plaintiff refused to pay.

The coffee was shipped on the Mary W. at Rio de Janeiro for New Orleans, on the 12th July, 1856, at which period she started on her voyage, and was lost on the 29th of the month upon rocks, the master being some seventy miles out of his reckoning at the time.

Evidence was given on the trial, on the part of the company, tending to prove that the Mary W. was rated below A 2, and even that she was unfit for a sea voyage, being originally intended, when built, in 1846, as a coasting vessel, and prayed the court to instruct the jury, that if they find from the evidence the vessel, at the time of the application for the endorsement of her cargo upon the policy, was rated in the office of the company and other offices of underwriters in New York lower than A 2, and being so rated, the company offered to make the endorsement at the premium fixed by them, and that on the premium being communicated to the plaintiff, he refused to pay it or assent thereto, then he is not entitled to recover, which prayer was refused; and the court thereupon instructed the jury, substantially, that the plaintiff was entitled to recover for the loss, so far as the rate of premium was concerned, upon deducting such additional premium to the one and one-half per cent., as in the opinion of underwriters may be deemed adequate to the increased risk of the coffee shipped in a vessel rating below A 2.

The jury rendered a verdict for the plaintiff.

The material question presented in the case is, whether or not the company were under a contract, within any of the terms and conditions of the policy, to insure this particular cargo of coffee on board of the vessel Mary W. at the time the loss occurred; for, unless the contract is found there, none existed between the parties, as it is admitted none was entered into at the time the vessel was reported and the risk declared. The plaintiff has assumed the affirmative of this question, and insists that the company was bound by the terms of the policy to cover the coffee from the time it was laden on board the vessel at Rio as soon as the risk was declared, and this whether the vessel rated below A 2 or not. This is necessarily the result of the position claimed, as it denies to the company the right to fix an additional premium, even if it should happen that the vessel rated below A 2; that then, or in that event, it is contended, the additional premium becomes a question of mutual adjustment between the parties, and if they disagree, to be determined by the courts. On the part of the company, it is insisted that, according to the special provisions in the policy, in case the vessel reported rates below A 2, the contract is inchoate and incomplete until the payment or security by the assured of the additional premium to be fixed at the time by the company.

The contract of insurance in this case arises out of an open or running policy, which enables the merchant to insure his goods shipped at a distant port when it is impossible for him to be advised of the particular ship upon which the goods are laden, and therefore cannot name it in the policy.

A relaxation in this respect has been permitted by the laws and practice of commercial countries; and the party effecting the insurance is allowed to insure the cargo 'on board ship or ships,' on condition of declaring the ship upon the policy and giving notice to the underwriter as soon as known, and if possible before the loss on board of which the goods have been laden. The underwriter, who consents to insure upon policies of this description, of course, has no opportunity to inquire into the character or condition of the vessel, and agrees that the policy shall attach, if she be seaworthy, however low may be her relative capacity to perform the voyage; and for the additional risks he may thus incur, he finds his compensation in an increase of the premium. A higher premium is always demanded where the vessels to which the insurance relates are not known.

The ship, indeed, must be seaworthy, or the policy will not attach; but the degrees of seaworthiness or of the capacity of a ship to perform a given voyage are exceedingly various; and it is well known that the rates of premium are varied by the underwriters according to the different estimate they form of the character and qualities of the vessels to which they relate.

In the case of an insurance of goods shipped from and to port or ports designated, or on a voyage particularly specified, the ship to be afterwards declared, and the rate of premium to be paid is ascertained, and inserted in the body of the policy at its execution, the contract becomes complete, and the policy attaches upon the goods from the time they are laden on board the vessel, as soon as the ship is declared or reported, provided the shipment comes within the description in the policy. But until the declaration is made by the assured, it is inchoate and incomplete; and, if not made at all, the risk is regarded as not having commenced, and the assured is entitled to a return of his premium.

The principles of law and rules of construction governing policies of this description appear to be well settled, as may be seen by a reference to the authorities collected in the text-writers. (1 Arnould, ch. 7, sec. 2, pp. 174-179, Perkins's ed.; 1 Phillips, ch. 5, sec. 2, pp. 174-177; 2 Parsons, ch. 1, sec. 2 pp. 34, 35, and ch. 6, pp. 198, 199; 3 Kent's C., p. 256; Hurlst. and Normand R., 2 Exch., p. 549; Entwisle v. Ellis, 1857; 4 Taunton, 329; Langhorn v. Cologan, 6 Gray, 214; E. Carver Co. v. Manf. Ins. Co.)

But the policy before us is materially different from the class of open or running policies adopted in England and upon the continent at an early day, and which appear to be generally if not universally in use at the present time. Instead of determining the amount of premium, and inserting it in the policy at the time of its execution upon the shipments to be afterwards declared, as in the case of the policies we have been considering, the parties here agree, that in respect to a certain class of vessels, namely, those rating lower than A 2, the preminums on the risks shall be fixed at the time they are declared or reported; when thus fixed, and the premium paid or secured, the policy attaches upon the goods from the time they are laden on board the vessel. The mere declaration of the ship on board of which the goods are laden is not sufficient to complete the contract, as something more is to be done by the assured to bring the subject within the special stipulations in the policy: he must pay or secure the additional premium which the underwriter has reserved the right to fix, at the time of the declaration of the risk.

The premiums specified in the body of the policy are nominal; and the true premiums to be charged are fixed by increasing or reducing the nominal premiums when the risks are reported. This, it was proved, was the established custom of this company, and of which the assured is chargeable with notice. Indeed, this custom appears to have been acted upon in connection with this policy, and with the dealings of the parties under it.

On the 13th August is endorsed on it: Brig Windward, from Rio de Janeiro to Baltimore-value of shipment $4,750, at 1 1/4 per cent. premium; and on the 20th November: Brig T. Walters, from same place to Philadelphia-value of shipment $2,375, at 1 1/4 per cent. premium. The premiums for insurance of these two shipments are 1/4 per cent. less than the rate in the body of the policy.

We have said, that where the vessels to which the insurance relates are not known to the underwriter, a higher premium is always demanded, as he has no opportunity to inquire into the character or capacity of the vessel for the voyage; which information is readily accessible where the ship is known, by reference to the book of the register of vessels kept by the underwriters, in which the name, master, rate, and present condition, are entered.

Now, the change made in this policy, and in others of the class, in the time of fixing the premium, from that of the execution of the policy to the time when the risk is reported, places the underwriters, in respect to fixing the premiums, on the footing of insurance of goods to be shipped on board a vessel named, the underwriters possessing all the information possessed in that case, in respect to the character of the vessel. As the effect, therefore, of this change in the terms of the policy is to reduce the rate of premium, it is as beneficial to the assured as to the underwriter-which, doubtless, led to his assent to this mode of insurance. It is true, that in respect to vessels to be afterwards declared, and the premiums on the risks to be fixed at the time declared or reported, the parties stand on the footing of original contractors, the underwriter having the right to fix the premium, and the applicant the right to assent or not, as he sees fit; and, undoubtedly, mutual confidence must exist, in order to the successful working of the system. On the one side, the underwriter might be unreasonable in the amount of the premium claimed; and on the other, the applicant, who is presumed to have the earliest advices of the ship on which his goods are laden, might conceal her condition when reported, and impose upon the underwriter. Injustice might be practiced in this way by both parties, if this mode of dealing with each other may be assumed.

But this would hardly be just as to either party, and especially when the interest of both is concerned to deal justly and honorably with each other. The business of the underwriter depends essentially upon the good faith with which he deals with his customers; and this motive, as well as the great competition that exists in the business, may be well relied on to prevent any unreasonable advantage. But, at worst, the applicant is not bound to pay the premium, if unreasonable; and may at once be insured in any other office, and claim a return of premium, if any, advanced. The evidence in the present case furnishes no ground for apprehension, as the premium charged was not unreasonable, but the contrary.

But, be the argument ever so strong in respect to the opportunities to deal unjustly with each other, it is quite clear, upon the fair if not necessary construction of the terms of the policy, both parties have agreed to submit to them, for the sake of the better means furnished to ascertain the true character of the risks, and thus reduce the rate of premium below that which was charged under the old system, where it was fixed in the absence of knowledge on the subject; and the period of time these policies with this change of the terms has been in use, for aught that appears, without complaint or dissatisfaction, affords evidence that all apprehensions of unfair dealing are imaginary.

We have said that, according to the true construction of the terms of this policy, where the vessel declared or reported by the assured was rated below A 2, the company had reserved the right to fix at the time the additional premium; and unless assented to by the assured, and the premium paid or secured, the contract of insurance, in respect to the particular shipment, did not become complete or binding. The court below held the contrary, the instruction to the jury maintaining that the contract was complete and binding as soon as the vessel was reported; and that, if the parties could not agree as to the additional premium, the question was one for the courts to settle; thus placing this policy upon the footing of those where the full premium was fixed, and paid or secured, at the time of the execution, and in which no special provisions concerning the premium are inserted.

These special clauses are very explicit, and are inserted in this policy for the benefit of the company. We think, independently of the usage and practice of the company under these policies, the import of the language used cannot well be mistaken.

The right is expressly reserved to charge an additional premium upon all vessels reported rating below A 2; and, again, the premiums on risks are to be fixed at the time of endorsement that is, when the vessels are reported to be noted on the policy. If the construction rested alone upon the right to add additional premiums upon a given rate of vessels, there might be some ground for the argument that the time for fixing them was open; and if the parties could not agree, the law must determine the question. But when the parties themselves stipulated, not only that in the particular case additional premium shall be charged, but that it shall be fixed at the time the risk is made known, there would seem to be no room for doubt or dispute in the matter. In the present case, there is also the additional special provision, namely, 'and such clauses to apply as the company may insert as the risks are successively reported,' thus providing for any unforeseen or extraordinay risks that might be claimed under the policy.

Even if an arbitrator had been agreed upon to fix the additional premium, and he had refused, the contract would have been at an end, as the courts could not appoint one. (3 Mer. R., p. 507, Wilks v. Davis; 14 Ves., 400, Milner v. Geary; Code Napoleon, 1591, 1592; 1 Troplong de vente, nos. 146, 160;) and certainly they could not fix the premium in this case, on the disagreement of the parties, without assuming the right to make a contract for them. The premiums were to be settled when the risks were reported, not at any other period.

In the case of policies on goods 'in ship or ships,' to be afterwards declared, and where the full premium is paid or secured at the execution, the policy, even in that case, is a mere outline of the contract, to be completed on making the declaration; but if not made within the terms of the policy, the contract is at an end as respects the particular shipment.

In Entwisle v. Ellis, (2 Hurlst. and Norm., Exch. R. P., 549, 556, 1857,) Channell, B., observed, speaking of a policy of this description, at the time of the making of the policy, certain particulars were agreed upon-others were left to be settled. The policy was to be on rice, to be warranted free from particular average, to be sent 'in ship or ships.' Something more was wanting to make a binding contract. The parties can only fill up such particulars as are left in blank so as to be consistent with the policy.

Applying this principle to the policy in the present case regarding the special clauses therein, something more is required to make a binding contract than the declaration of a ship rating lower than A 2 to bring the subject within the policy; the additional premium fixed by the company was to be paid or secured.

We have found very few cases in the books upon the peculiar class of policies before us, and no mention of them in the text-writers on the subject of insurance. The case bearing more directly than any other upon the point in question is Dounville v. the Sun Insurance Company. (12 Louis. Ann. R. P., 259.) The contract of insurance there was in an open or running policy of the class in which the full premium was paid or secured at the execution. But a modification was afterwards made, by which 'it was agreed that this policy shall cover merchandise to the address of the assured from European ports to New Orleans, via Boston or New York, subject to additional premium as per tariff.'

The court held that by the terms of the policy, the party desiring to be insured upon any particular shipment of merchandise who bound to present to the company an invoice of the goods, (this had been provided for in the policy,) and pay or secure the premium; that the party was not bound to report any shipment except at his election, nor could the company demand premium on the same, unless presented for insurance; and that, on a policy of the class before the court, there must necessarily exist as many contracts of insurance as there are endorsements on the policy of separate shipments.

We have examined this case more at large, from the novelty of the questions involved, as they do not seem to have been the subject of consideration by the courts or text-writers, than from any difficulty we have felt in the view to be taken of them; and from the examination we have given to the peculiar features of the policy, we entertain no doubt but that the changes made, and which have been particularly referred to, will be found in practice beneficial both to the insured and insurer.

The only defect, perhaps, existing, is the want of a provision for the case, which may happen, where the declaration or report of the ship is not made until the loss is known-that is, where the ship and the loss are reported together. According to the old form of the policy, the full premium being ascertained and fixed at the date of it, it is well settled that, though the declaration is not made till the loss is known, if made with due diligence after advices of the ship, the underwriter is liable. There may be some difficulty in applying that rule to the class of policies before us. It was rejected in the case of Dounville v. the Sun Insurance Company, above referred to.

Upon the whole, after the best consideration we have been able to give to the case, we are satisfied the ruling of the court below was erroneous, and the judgment must be reversed, and a venire de novo.

Mr. Justice CLIFFORD dissented.

For his dissenting opinion, see the succeeding case of the Sun Mutual Insurance Company against Wright-a case similar to the present one.


text: Talk:Orient Mutual Insurance Company v. Wright/Opinion of the Court

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Page:EB1911 - Volume 04.djvu/794

 which seemed miraculous, even to his contemporaries. His theological position was conservative and anti-rationalistic; he enjoyed the friendship and respect of Aḥmad Ibn Ḥanbal. In law, he appears to have been a Shāfiʽite. After sixteen years’ absence he returned to Bokhara, and there drew up his Ṣaḥīḥ, a collection of 7275 tested traditions, arranged in chapters so as to afford bases for a complete system of jurisprudence without the use of speculative law, the first book of its kind (see ). He died in 256, in banishment at Kartank, a suburb of Samarkand. His book has attained a quasi-canonicity in Islām, being treated almost like the Koran, and to his grave solemn pilgrimages are made, and prayers are believed to be heard there.

 BUKOVINA, a duchy and crownland of Austria, bounded E. by Russia and Rumania, S. by Rumania, W. by Transylvania and Hungary, and N. by Galicia. Area, 4035 sq. m. The country, especially in its southern parts, is occupied by the offshoots of the Carpathians, which attain in the Giumaleu an altitude of 6100 ft. The principal passes are the Radna Pass and the Borgo Pass. With the exception of the Dniester, which skirts its northern border, Bukovina belongs to the watershed of the Danube. The principal rivers are the Pruth, and the Sereth with its affluents the Suczawa, the Moldava and the Bistritza. The climate of Bukovina is healthy but severe, especially in winter; but it is generally milder than that of Galicia, the mean annual temperature at Czernowitz being 46.9° F. No less than 43.17% of the total area is occupied by woodland, and the very name of the country is derived from the abundance of beech trees. Of the remainder 27.59% is occupied by arable land, 12.68% by meadows, 10.09% by pastures and 0.78% by gardens. The soil of Bukovina is fertile, and agriculture has made great progress, the principal products being wheat, maize, rye, oats, barley, potatoes, flax and hemp. Cattle-rearing constitutes another important source of revenue. The principal mineral is salt, which is extracted at the mine of Kaczyka, belonging to the government. Brewing, distilling and milling are the chief industries. Commerce is mostly in the hands of the Jews and Armenians, and chiefly confined to raw products, such as agricultural produce, cattle, wool and wood. Bukovina had in 1900 a population of 729,921, which is equivalent to 181 inhabitants per sq. m. According to nationality, over 40% were Ruthenians, 35% Rumanians, 13% Jews, and the remainder was composed of Germans, Poles, Hungarians, Russians and Armenians. The official language of the administration, of the law-courts, and of instruction in the university is German. Nearly 70% of the population belong to the Greek Orthodox Church, and stand under the ecclesiastical jurisdiction of the archbishop or metropolitan of Czernowitz. To the Roman Catholic Church belong 11%, to the Greek United Church 3.25%, while 2.5% are Protestants. Elementary education is improving, but, after Dalmatia, Bukovina still shows the largest number of illiterates in Austria. The local diet, of which the archbishop of Czernowitz and the rector of the university are members ex officio, is composed of 31 members, and Bukovina sends 14 deputies to the Reichsrat at Vienna. For administrative purposes, the country is divided into 9 districts and an autonomous municipality, Czernowitz (pop. 69,619), the capital. Other towns are Radautz (14,343), Suczawa (10,946), Kuczurmare (9417), Kimpolung (8024) and Sereth (7610).

Bukovina was originally a part of the principality of Moldavia, whose ancient capital Suczawa was situated in this province. It was occupied by the Russians in 1769, and by the Austrians in 1774. In 1777 the Porte, under whose suzerainty Moldavia was, ceded this province to Austria. It was incorporated with Galicia in a single province in 1786, but was separated from it in 1849, and made a separate crownland.

 BULACÁN, a town of the province of Bulacán, Luzon, Philippine Islands, on an arm of the Pampanga delta, 22 m. N.N.W. of Manila. Pop. (1903) 11,589; after the census enumeration, the town of Guiguintó (pop. 3948) was annexed. Bulacán is served by the Manila-Dagupan railway. Sugar, rice, indigo and tropical fruits are the chief products of the fertile district in which the town lies; it is widely known for its fish-ponds and its excellent fish, and its principal manufactures are jusi, piña, ilang ilang perfume and sugar. With the exception of the churches and a few stone buildings, Bulacán was completely destroyed by fire in 1898.  BULANDSHAHR, a town and district of British India in the Meerut division of the United Provinces. The town is situated on a height on the right bank of the Kali-Nadi, whence the substitution of the names Unchanagar and Bulandshahr (high town) for its earlier name of Baran, by which it is still sometimes called. The population in 1901 was 18,959. Its present handsome appearance is due to several successive collectors, notably F. S. Growse, who was active in erecting public buildings, and in encouraging the local gentry to beautify their own houses. In particular, it boasts a fine bathing-ghat, a town-hall, a market-place, a tank to supply water, and a public garden.

The has an area of 1899 sq. m. The district stretches out in a level plain, with a gentle slope from N.W. to S.E., and a gradual but very slight elevation about midway between the Ganges and Jumna. Principal rivers are the Ganges and Jumna—the former navigable all the year round, the latter only during the rains. The Ganges canal intersects the district, and serves both for irrigation and navigation. The Lower Ganges canal has its headworks at Narora. The climate of the district is liable to extremes, being very cold in the winter and excessively hot in the summer. In 1901 the population was 1,138,101, showing an increase of 20% in the decade. The district is very highly cultivated and thickly populated. There are several indigo factories, and mills for pressing and cleaning cotton, but the former have greatly suffered by the decline in indigo of recent years. The main line of the East Indian railway and the Oudh and Rohilkhand railway cross the district. The chief centre of trade is Khurja.

Nothing certain is known of the history of the district before 1018, when Mahmud of Ghazni appeared before Baran and received the submission of the Hindu raja and his followers to Islam. In 1193 the city was captured by Kutb-ud-din. In the 14th century the district was subject to invasions of Rajput and Mongol clans who left permanent settlements in the country. With the firm establishment of the Mogul empire peace was restored, the most permanent effect of this period being the large proportion of Mussulmans among the population, due to the zeal of Aurangzeb. The decline of the Mogul empire gave free play to the turbulent spirit of the Jats and Gujars, many of whose chieftains succeeded in carving out petty principalities for themselves at the expense of their neighbours. During this period, however, Baran had properly no separate history, being a dependency of Koil, whence it continued to be administered under the Mahratta domination. After Koil and the fort of Aligarh had been captured by the British in 1803, Bulandshahr and the surrounding country were at first incorporated in the newly created district of Aligarh (1805). Bulandshahr enjoyed an evil reputation in the Mutiny of 1857, when the Gujar peasantry plundered the towns. The Jats took the side of the government, while the Gujars and Mussulman Rajputs were most actively hostile.

 BULAWAYO, the capital of Matabeleland, the western province of southern Rhodesia, South Africa. White population (1904) 3840. It occupies a central position on the tableland between the Limpopo and Zambezi rivers, is 4469 ft. above the sea and 1362 m. north-east of Cape Town by rail. Beira, the nearest port, is 398 m. east in a direct line, but distant 675 m. by railway. Another railway, part of the Cape to Cairo connexion, runs north-west from Bulawayo, crossing the Zambezi just below the Victoria Falls. In the centre of the town is a large market square to which roads lead in regular lines north, south, east and

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Page:United States Statutes at Large Volume 45 Part 1.djvu/1997

 ccxlvi INDEX. Salamanca, N. Y ., Pa,ae. appropriation for ground rent _____ 184, 1046 Salaaar, Carolina, stock raising homestead entry of, valldated____________________ 1157 Salem, Oreg., appropriation for Chemawa Indian school aL ________________ 219,1580 Saliabvf'1/, N. C ., deficiency appropriation for public building at________________ 923,1661 Salmon, AlaakG, preserving, for sale as food unlawful, unless canned, etc., within 48 hours after killing_____________ 1349 Salmon Ri_, Alaaka, preliminary examination, for dood con- troL ________________________ 1164 SaU lAke Bann ITTigation Project, UI4h, appropriation for construction, etc., of Echo Reservoir and Weber- Provo Canal in ____________ 220, 1592 SoU lAke Cuy, Utah, appropriation fos assay office at_ ___ 176, 1041 for public building________________ 1044 deficiency appropriation for post office, etc., extension________________ 923 granted portion of Fort Douglas Mili- tary Reservation, for street pur- ~ 1325 SOU Ri_, permits for power development on, witl- .in Fort Apache and White Mountain Indian Reservations, Ariz., may be issued by Federal Power COmmission____________ 1344 SOU River Agency, Ariz., appropriation for support, etc., of In- dians aL _________________ 222,1583 SaltJador appropriation for minister to_______ 65, 1076 Salvage Vea,ela, N ar11J, plans, and estimates for two, to be submitted___________________ 1165 Sanwan l,landl, acceptance of the cession to the United States of, by chiefs thereoL____ 1253 land laws of United States not appli- cable________________________ 1253 use of revenues_____________________ 1253 powers vested in the President________ 1253 commissioners to be appointed by the President to recommend legisla- tion for______________________ 1253 sum authorized for expenses__________ 1253 San Antonio, Tez., deficiency appropriation for primary dying school and field_ ________ 926 amounts authorized for designa.ted buildings etc., at Army New Primary Flying Field__________ 129 Army. New Primary Flying SchooL_ 129 loan of Army cots, etc., authorized for national convention of American Legion at____________________ 397 site may be accepted for primary dying school and field at_____________ 129 upon acceptance, appropriations, etc., for Brooks Field and Kelly Field,tnuuicrred_____________ 129 sale of Brooks Field and Kelly Field realproperty_________________ 129 San Antonio, Tez., Army Air Depot amount authorized for designated build- ings at_______________________ 130 San Antonio, Tez., Army Primary Flyiflf/ Pa&e. School, construction of buildings authorized at_ 748 San Bfflito, Tez., bridge authorized acroBB Rio Grande at_ 1181 consent of Mexico required.._ __ __ __ _ 1181 San Bernardino, Calif., appropriation for public building______ 1044 deficiency appropriation for public San Berr!~j}ati01iafFore.,t;caiii;-- 92~ appropriation for improvements, etc.; condition _________________ 555, 1205 San Carlo, Agency Ariz., appropriation 'lor support, etc., of Indians at________________ 222,1583 San Carlo8 Apache Indian Reservation, Ariz., disposal of two bridges acroBB Gila and San Carlos Rivers_____________ 973 credit to Indians, etc______________ 973 San Carlo" Ariz.• deficiencr appropriation for replacing at Rice Station, buildings aban- doned by Indian agency at_____ 19 San Carlo, Indian Ho,pital, Ariz., appropriation for support, etc., oL____ 1581 San Carlo3 Indian Resf!f1lation, Ariz., appropriation for pumping plants, etc., for irrigation ______________ 210, 1573 delivery of water to Gila River Reservation _______________ 210, 1573 development of electrical power at Coolidge Dam________________ 210 contract by water users' aSBociation for repaying cost~!Elquired- 210 use of moneys for idce Station to pay for transmission line from Coolidge Dam________________ 211 sale of surplus power; use of reve- nue__________________________ 211 payment from landowners con- tinued until construction costs . paid in fuIL_________________ 211 report by Federal Power Commis- sion of compensation to Apache Indians by reason of _power development at Coolidge Dam_ _ 211 merger with Florence-Case. Grande project, authorized____________ 211 reimbursement for construction costs, Gila River Reservation and Florence-Case. Grande projects__ Zl1 acceptance of canals, lands, etc., for benefit of project__________ 211 payment authonzed for damages to crops, incident to construction, etc_______________________ 211, 1573 contracts authorized to deliver water to Arizona towns, etc., from project__________________ 211 requirement for reimbursing cost of two bridges on Reservation, re- peaJed_______________________ 212 for pumping plants, etc.; from trust funds, repayment__________ 212,1573 for enlarging Rice Station Boarding SChoolon____________________ 216 deficiency appropriation for power plant, Coolidge Dam ____ 18,900,1639 permits for power development on Salt River within, may be issued by Federal Power Com- mission_ ____ __ __________ __ ___ 1344

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Page:United States Statutes at Large Volume 45 Part 1.djvu/1998

 INDEX. ccxlvii SGn Carlos IndiGna, Aria., Pqe. appropriation for construction, etc., of hospital, Rice Indian School, from funds oL________________ 221 SGn CGrloa Reservoir Aria., survey, etc., of Oila River and tribu- taries above, to aacertain meana of utilizing them for irrigation etc__________________________ 739 SGn CGrloa River, disposal authorized of bridge ac1"Oll8, in San Carlos Apache Reaervation, Ariz_________________________ 973 SGn DUgo! Calif., appropnation for naval training station_ 627, 1455 for naval training station, improving mess halL___________________ 636 for naval air station, public works____ 1464 deficiency appropriation for naval air station, public works__________ 25 terms of courtat____________________ 1424 SGn Felipe Indiana, N. Me:r:., appropriation for settling land and water right losses oL_ _________ 1569 San Francisco, Calif., appropriation for passport bureau__ _ 65, 1096 for dispatch agent_______________ 66, 1097 for mint_______________________ 175,1041 for marine hospital building______ 181,1044 deficiency appropriation for mint, im- provements _________________ _ for airplane mail service New York 31 and_________________________ 50 for navy yard, receiving ship__ ___ ___ 1649 for Federal office building; site donated_____________________ 1661 erection authorized of building for Los Angeles branch of Federal Re- serve Bank oL________________ 1140 permit granted board of park commis- sioners of, to use portion of Fort Mason Military Reservation for recreation pier, etc___________ _ terms and conditioDB _____________ _ terms of court at ___________________ _ San Francisco, Napa, and Calistoga Rail- fDaY, payment for repairs to cars of, damaged at Mare Island Navy Yard, 374 374 1424 Calif________________________ 1413 San Franciaco River, etc., compact between New Mexico and Arizona, authorized for division of waters of__________________ 1517 San Ildefo7UlO Pueblo, N. M e:r:., tract of public land reserved for sole useofIndiansoL_____________ 1161 right of bona fide settlers prior to July 27,1928, notaffected______ 1161 San J aci.nto River, sum authorized for half the cost of bridge across, near Soboba In- dian Reservation, Calif_________ 1229 remainder from California or River- side COunty__________________ 1229 Ban Joaquin County, Calif"J. lands conveyed by Ulntral Pacific Railway Company from its land grsntin,valida~ ____________ 1428 San Juan County, W aah., grant of lot on Lopez Island aban- doned military reservation to, for public park________________ 1091 54835°-~PTl--126 San Juan County, Waah.-C Ontmued. P .... grant of lot on Lopez Island; payment for____________________ - _ _ _ _ _ _ 1091 reversion for nonuser___ ___________ 1091 subject to right of way for county roads________________________ 1091 mineral rights reeerved_____________ 1091 SGn Juan, P. R., deficiency appropriation for preserva- tion of historic fortifications at_ _ 928 for erection of building, etc., Weather station at_______ _____ _____ __ _ 1633 contract authorized for completing customhouse at_______________ 596 -construction of Army buildings author- . ized at_______________________ 748 SGn Juan River, etc., compact between Colorado and New Mexico authorized for division of waters of____ ____________ ___ 1502 San Luis, Aria., deficiency appropriation for inspection station, construction___________ 1661 San Pedro, Calif., appropriation for pufllic building_ _ _ 177, 1044 cost increased, and contracts au- thorized_____________________ 177 San Xavier IndiGn Ruervation, Ariz., appropriation for maintenance, etc., irrigation project on________ 212,1573 SGn Yllidro, Calif., deficiency appropriation for public Sand poij~fo:t--- 923 deficiency appropriation for public building at___________________ 33 Sand Point, W aah., appropriation for naval air station public wqrks ______________ 636,1464 deficiency appropriation for naval air station,l)Ublic works__________ 25 Sandia Indiana, N. M e:r:., appropriation for settling land and water rights losses of__________ 1569 Sandusky Bay, bridge authorized across southeast arm of, in Sandusky, Ohio__________ 1162 Sandusky, Ohio, bridge authorized acl"088 BOutheast arm of Sandusky River, in_________ 1162 Sanitarium Company, Portland, Or~., appropriation for care of Alaska lD88ne patients__________________ 240,1604 Sanitary Bureau, Pan American, appropriation for annual share of expenses ___________________ 72, 1103 Santa Ana, Cali/., deficiency appropriation for public building at___________________ 1661 Santa Ana Indiana, N. Me:r:., appropriation for settling land and water right 10Bse8 of___________ 1569 Santa Barbara National Forest, Calil., appropriation for improvements, etc., condition __________________ 555, 1205 Santa Clara Indian Ruervation, N. Mex., appropriation for maintenance of road on, leading to Puye Cliff Ruins; repayment___________________ 225 for Harvey Company, for road con- struction cost__ ________ ___ __ __ 1586 admission fee to Puye Cliff Ruins authorized___________________ 1586

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Page:United States Statutes at Large Volume 45 Part 1.djvu/1999

 ccxlviii INDEX. &afttG Fe County, N. Me., Pap. land in, reserved for San Ildefonso Pueblo Indians_______________ 1161 SafttG Fe Indian Boardifl{l School, N. Me., appropriation for support, etc., of hos- piuu________________________ 1582 Santa Fe, N. Me., appropriation for extending, etc., pub- lic building___________________ 181 for Indian school aL ___________ 218,1579 deficiency appropriation for dormitory Indian school at______________ 17 for Indian school at_______________ 1640 unexpended balance oC appropriation for assembly hall, Indian .School at, covered in________________ 1576 Santa Fe Natioflol Forw, N. Me., exchanKes authorized of lands in Spanish or Mexican grants, for additions to__________________ 431 Santa Mcmica, Calif., appropriation for Volunteer Soldiers' Home, maintenance, etc ____ 361,1384 mess hall, construction, equipment, etc__________________________ 361 deficiency approj)riation for Volunteer SOldiers' Home ____ 39,930, 1667, 1668 for construction, etc., of new barrack buildings, etc ________________ .. 1614 contracts authorized_____________ 1614 amount authorized for barrack build- in/PI, etc., at_________________ 447 constructIOn of general mess building, etc., authorized at____________ 61 Santa Rosa and Escambia Counties, Fla., may bridge Santa Rosa Sound_______ 752 Santa Rosa I aland, Fla., Army real estate atl acquired by Florida, may be usea for recreational pur- poses, etc____________________ 974 Santa Rosa Sound, Fla., bridlte authorized across_ __ ___ ____ ___ 752 Santa 1J'eTesa, N. Me., deficiency appropriation for expenses detemuning 1!ro~rty damages from ftood of Rio Grande at____ 19 for paymeL~ to owners of lands near, forftood damages_____________ 903 Santee Siouz Indiana (see Sioux Indians, Different Tribes). Santo Domifl{lo Indiana, N. Me., appropriation for settling land and water right 1088e8 of___________ 1569 Saratoga, Wyo., appropriation for fish hatchery at_____ 99 Sarnia, Canada, bridge authorized across Saint Clair River, from Port Huron, Mich., to _______________________ 454,1483 Savanna, IU., time extended for bridging Mississippi River, at Sabula, Iowa, and_ 297, 1158 Savannah, Ga., appropriation for public building______ 1044 deficiency appropriation for post office, part ofeu:;bTarmstroBot (talk)iat;co-;l:veyedtO 923 tEe city in exchange___________ 1533 Savannah Ril18T, bridge authorized across, at Burton's Ferry, Ga____________________ 751 Sailings Banks, Mutual, exempt from income tax_____________ 812 Sawtooth National Forest, Idaho, p .... lands added to _____________________ • 415 Sayre, Pa., deficiency appropriation for public building at___________________ 33 Scabies in Sheep and Cattle, appropriation for eradicating, etc_ _ 545, 1196 deficiency ~ppropriation for reimburs- ing Hopi and Navajo Indians, eradicating, etc_______________ 1638 Scales, Customs, appropriation for automatic weighing, etc_______________________ 167,1033 Scales, Railroad Track, eU., approJ)riation for testing, etc _______ 93, 1123 Schee, Frank, etc., . may bridge Des Moines River, at Cro- ton, Iowa____________________ 706 time extended for bridging Des Moines River, by________________ . __ _ _ 1535 Schneider Bakifl{l Company, Charles deficiency ..~propriation for refurld to _ Schofield Barracks, Hawaii, 8 deficiency appropriation for construc- tion, etc ______________ .. _ _ _ _ _ _ 926 for acqUIsition of Kalena tract in_ __ 927 amount authorized for constructing bachelor officers' quarters at___ _ constructing, etc.. nurses' quarters at_ for purchase of Kalena tract in____ _ construction of buildings authorized at_ Schools, D. C . (see Public Schools, D. C.). Schools, etc., . 130 372 591 748, 1301 appropriation for Army Bupplies, etc., to military, other than with units of Reserve Officers', Training COrps ____________________ 350,1372 Scientific Literature, InteTnational Cata- logue of, appropriation for expenses, preparation of________________________ 584,1241 Scott Field, IU., Armv Air Corps, deficiency appropnation for site_______ 49 amount authonzed for constructing hydrogen gas holder a.t__ _____ __ 130 construction of Army buildings author- ized at____________ ___________ 748 Scott, Winfield, etc., . may bridge Des Moines River, at Cro- ton, Iowa____________________ 706 time extended for bridging Th;)s Moines FUver, by____________________ 1535 Scottsbluff, Nebr., appropriation for public building___ 181,1044 limit of cost increased for building at__ 1662 court accommodations may be added later________________________ 1662 ScoUsboro, Ala., bridge authorized across Tennessee FUver,at___________________ 287,754 Scrantcm, Pa., appropriation for public building con- struction _________________ 181,1044 minerals reserved_______________ 181 Screw Threads, eU., appropriation for cooperative stAnd- ardization, etc., 01. _________ 92,1123 Sea Post Service on Ocean Steamships, appropriation for allowance for cost 01. 190, 1053 railway postal clerks and substitutes, may be assigned as temporary substitute sea. post clerks______ 1175

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Sun Mutual Insurance Company v. Wright

THIS case was brought up by writ of error from the Circuit Court of the United States for the district of Maryland.

It was entirely similar to the preceding case, except that it was contended that the insurance company had waived the right of fixing the premium by the conduct of the agent and correspondence between the parties.

It was argued by Mr. Cutting for the plaintiff in error, and by Mr. May and Mr. Brent for the defendant.

Mr. Justice NELSON delivered the opinion of the court.

title: Sun Mutual Insurance Company v. Wright


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/2000

 INDEX. ccxlix Seabury, Howard, Paae. may construct dam for retaining tidal waters from a cove extending from Cases Inlet, Wash________ 571 SMCOari De/eMU (BU Fortifications). Seal FiB1&erie&, Alaska, appropriation for agents, etc., PribUof Islands ___________________ 100,1130 protecting; food to natives, etc_100, 1130 defiCiency appropriation for paying judgments, damages for unlaw- ful seizures of vessels, under 1Jeasury I>epartment_________ 40 Seamen, A7Mrican, appropriation for relief and protection of, in foreign countries, etc___ 68, 1098 for testimonials for rescuing, etc. shipwrecked, and citizens_ __ _ 69, 1100 deficiency appropnation for relief and protection of, in foreign coun- tries ______________________ 48, 1618 Seattle, Wash., appropriation for passport bureau___ 65,1096 for dispatch agent_______________ 66, 1097 for assay office at______________ 176, lO41 for immi~ant station, assay office building, etc_________________ 1044 for Federal office building__________ 1044 deficiency appropriation for public buUding at_________________ 918,924 Second Assistant Postmaster General, appropriation for, and office person- nel _______________________ 187, 1049 for field service under __________ 190,1052 for star route transportation in AJaska ___________________ 190,1052 for steamboat routes, etc _______ 190,1052 for railroad routes, and mail messen- ~er service ________________ 190,1052 freIght train conveyance ______ 190,1052 meBBenger service accounting __ 190,1052 for clerical assistance on space rate compensation and cost ascer- tainment_________________ 190,1052 for Railway Mail service________ 190,1052 for travel allowance, etc________ 190,1053 for expenses away from headquar- ters ______________________ 190,1053 for miscellaneous; arms for mail pro- tection; rent, etc., of terminal oftices ____________________ 190, 1053 for electric and cable car service_ 190, 1053 for foreign mails _______________ 190, lO53 aircraft service ______________ 190,1053 seapost service ______________ 190, lO53 for assistant superintendent of foreign mails, New York City______ 191,1053 for delegates to London Universal Postal COngreBB______________ 191 for balances due foreign countries_ 191, 1053 for travel and miscellaneous_____ 191, lO53 for inland aircraft transportation, . u nder contract_____________ 191,1053 supervisory officials, etc., at transfer points____________________ 191, lO53 personal services in the District; incidental expenses____________ 1053 for indemnity, lost, etc., international mail________________________ 1053 deficienoicea~e01:36, 25 September 2010 (UTC)o~ _TarmstroBot (talk) _TarmstroBot (talk): 1611 Second Class Mail (au also Postal Service), rates of postage for_________________ 940 by others than publishers or news agents_______________________ 941 Second Deficiency Actl Fiscal Year t9BS (au Paae. Deficiency Act, Fiscal Year 1928, Second). Second DeJi,ciency Act, Fiscal Year 19B9 (IU Deficiency Act, Fiscal Year 1929, Second). Second Street NE., D. C., appropriation for paving, etc., Adams to Bryant Streets; from gaso- line tax fund_________________ 1270 Second Street NW., D. C., appropriation for paving, etc., Blair Road to Rittenhouse Street; from gasoline tax fund________ 653 Secondary Schools, . appropriation for study of organization, etc., by Bureau of Education___ 1602 Secret Service Division, Tr/JQ8ury Depart- ment, appropriation for Chief of Division, and office personneL ___________ 173,1038 for expenses, sUPPreBSing counterfeit- ing,etc___________________ 173,1038 protection of the President, etc_ 173, 1038 pay restriction ______________ 173, 1038 deficiency appropriation for salaries, 1929________________________ 1688 Secretary 0/ Agriculture, appropriation for, ABBistant, and office personneL ________________ 539,1189 contracts for stenographic report- ing services authorized _____ 540,1190 purchase of options on land______ 1190 for employees lD mechanical shops and power plant___________ 540, 1190 for printing and binding annual re- port oL __________________ 541,1191 authorized to accept gift of lands to be added to Columbia River bird refuge, Wash_________________ 1413 acquire lands, etc., for forest tree nurseries_____________________ 1318 constructand maintain Oregon Caves, Oreg________________________ 1407 convey Federal Point Lighthouse Reservation to city of Wilming- ton, N.C., tobekeptasa me- morial of Battle of Fort Fisher__ 1066 cooperate with States, etc., in em- ploying county extension agents for rehabilitating farm areas devastated by floods of 1927 ___ 53 amount authorized to be expended by__________________________ 53 establish Bear River Migratory Bird Refuge in Utah_______________ 448 dairy and livestock experiment sta- tion for the South at Lewisburg, Tenn________________________ 981 cxamine all vessels carryin~ export cattle, horses, sheep, BWlDe, etc., to foreign countries___ ________ 789 to prescribe regulations for safe and proper transportation and humane treatment of such ani- mals ________________________ 789 investigate and report on feasibil- ity of cooperative program for predatory animal eradication, etc_________________________ 559 make advances to farmers and fruit growers for the crop of 1929, in designated Southern States in flood stricken area, to purchase seed, feed, and fertilizer_______ 1306

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text: Talk:Sun Mutual Insurance Company v. Wright


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/2001

 eel INDEX. Paae. SkTetary oj Aoric1dtur-Continued. authorized to make advances etc.; to procure seed, feed, and fertilizers to sell to farmers, etc__________ 1306 advances, etc., to be made through designated agencies ________ ~_ _ 1306 provide for the eradication or control of the European corn borer_____ 734 propagation of trees, etc., in south- ern Great Plains area__________ 430 sell Brooksville Plant Introduction Garden, Fla__________________ 427 transfer Mount Weather, Va~ sta- tion to Director of Public Huild- ings and Public Parks of Na- tional CapitaL _______________ 1625 use undistributed balance from wool clip of 1918, in establishing, etc.• standard forms of wool grade_ __ 594 construction of Mount Vernon Memo- rial Highway under direction oC 721 designated on Migratory Bird Conser- vation Commission, as chair- man________________________ 1222 duties oL ____________________ 1223-1225 directed to conduct investigations, tests, etc., for management of forest land and utilizing forest products___________________ 699 -702 duties of, in enforcing Act for standards ~i!:b1:s~'- .~ _f_TarmstroBot (talk)i~_TarmstroBot (talk) 685 investigation authorized by, and Secre- tary of Commerce, of new uses of cotton and its by-products_____ 426 leaf tobacco statistics to be collected and stanCS~a:~ifi~ii~; be-ea~b: 1079 lished_______________________ 1079 may accept gift of lands in Clayton, Iowa, for Upper MiBBiBBippi River wild life and fish refuge_ _ 420 payment by, to farmers for 10BB due to nonproduction of cotton, in non- cotton zones established by States for eradication of pink bollworm of cotton_ ___ ______ _ 688 sites for prison camps to be selected by Attorney General, Secretary of the Interior, and______________ 1318 to serve on Porto Rican Hurricane Re- lief COmmiBsioD.. ______ _______ _ 1068 Secretary oj CommerCe, appropriation for, AB8istant, and office personneL _________________ 83,1114 deficiency appropriation for salaries, 1929, office oC_______________ 1678 authorized to'convey to Chicago, Ill., site of lighthouse reservation for new location_________________ 959 sell portion of Pointe Aux Herbes Lighthouse Reservation, La____ 977 secure a site, and have constructed thereon a building, for use as a constant frequency monitoring radio station_________________ 1255 designated ~n 'Migrai?r.y Bird Con- servatIOn ColDDllBBlon_ ________ 1222 duties of, regulating markin~ load lines on merchant veBBels, m voyages bysea______________________ 1493 investigation authorized by, and Secre- tary of Agriculture of new uses of cotton, and its by-products_ _ 426 Secretary 01 Labor, Pace. appropriation for, ABBistants, and office personneL ________________ 105,1135 deficiency appropriation for salaries, 1929, office 01._______________ 16815 Secretary 01 State, appropriation for, Undersecretary, and officepersonnel _____________ 64,1095 awards of Mixed Claims Commission, United States and Germany to be certified by, to Secretary of the Treasury_________________ 254 certificate of appointment of Presi- dential electors to be transmitted by executive of each State to___ 946 preservation, ete__ ___ ____ _______ __ 946 copies to the two Houses of CongreBB_ 946 electors to send two certificates of their yotesto_____________________ 946 one subject to order of President of the Senate, the other kept for one year_____________________ 946 to send for certificate, in the absence of President of the Senate, from secretary of State, of which no certificate of vote has been re- ceived by the third Wednesday in January___________________ 946 to send special meBBenger, in absence of President of the Senate, for cer- tificate of vote delivered to district judge__ _ __ ______ ___ ___ 947 may employ personal services in the District from appropriations for Exposition at Seville, Spain ____ 372 sum authoriZed for cooperation with Pan American Union in surveys, etc., for Inter-American High- ways________________________ 1697 Secretary 01 the Interior, appropriation for, ABBistants, and office personneL ________________ 200, 1562 deficiency appropriation for salaries, 1929, office oL_______________ 1681 authority of, for dam, etc., acroBB Colo- rado River, under provisions of Boulder Canyon Project Act- _ _ 1057 authorization of appropriations under, for constructmg roads, with In- dian labor, etc., in Indian reser- vations not eligible under High- way Act for aid, etc__ ________ 750 Quthorized, in cooperation with Mon- tana and private owners, to lease public lands in designated areal to stockmen, for grazing ana range purposes_______________ 380 to cooperate with other departments for benefit of livestock industry _ 381 authorized to accept lands from Idaho, and issue patent to BuhL _____ 644 adjust disputes and claims for land in Lake County, Fla., due to faulty surveys, etc____________ 619 appoint board of engineers to ex- amine proposed site, plans, etc., for the Boulder Dam, and to report thereon prior to Decem- ber 1, 1928__________________ 1011 contract for transfer of Okanogan irrigation 3>roject, Wash., to Okanogan Irrigation District ___ 739 convey lot in Hot Springs, Ark., to the city_____________________ 959

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Sun Mutual Insurance Company v. Wright/Opinion of the Court

This is a writ of error to the Circuit Court of the United States for the district of Maryland.

The suit below was upon a policy of insurance brought by the plaintiff to recover a loss upon coffee on board the vessel Mary W. on a voyage from Rio de Janeiro to a port in the United States. The questions involved are substantially the same as have been examined in the case of the same plaintiff against the Orient Mutual Insurance Company, and the decision in that governs the present one.

It was insisted in this case, on the part of the plaintiff below, that the company had waived the question as to the premium on the declaration or report of the Mary W., as it was bound by the act of the agent in making the endorsement on the policy, who added simply the words, 'not to attach if the vessel proved unseaworthy.'

The company were advised, by a letter of their agent, dated August 23, 1856, of the application of the plaintiff to have the coffee in question on the Mary W. entered on his policy; and on the 25th of the month they answered, directing the agent to inform the plaintiff of the facts the company had previously communicated to R. C. Wright, a brother, in relation to the vessel, and that they regarded her an entirely unfit vessel for a cargo of coffee, and should not consider the policy as attaching to the cargo.

The correspondence with R. C. Wright on the subject was under date of the 14th August, same year, and which related to a different shipment of coffee on the same vessel.

The plaintiff, notwithstanding the objections of the company, insisted upon his right to have the coffee covered by the policy, and so advised the agent, who communicated the information to the company. On the 26th of the month, they, still insisting that the vessel was unfit for such a cargo, instructed the agent to inform the plaintiff that if he claimed the property to be covered by the policy, he must consider it subject to the risk of the policy not attaching from the unseaworthiness of the vessel. Upon this, the agent entered the coffee upon the policy, with the words, 'not to attach if vessel be proved unseaworthy,' and so advised the company. They, on receiving this advice, immediately informed the agent that the endorsement was a practical nullity, and directed him to inform the plaintiff that they conceded his right to be covered by the policy, and that they had no other remedy but to name a premium commensurate to the risk, and fixed the premium at ten per cent., subject to the conditions of the policy, or two and a half per cent. upon a total loss. In answer to this, the plaintiff objected to the premium, insisting, if the Mary W. rated below A 2, the company were only entitled to an equitable rate of premium; and if they and he could not agree, it was a proper case for a reference.

The company, in answer to this, respond, that they had reserved the right in the policy to fix the premium in case of vessels rating below A 2, and that they could not consent to its determination by a third person. The plaintiff again denied the right of the company to fix the premium, and thus the correspondence terminated.

It is quite apparent that there was no waiver of this right of fixing the premium on the part of the company, nor was it claimed or suggested in the communications between the parties at the time.

Judgment reversed, and a venire de novo awarded.


text: Talk:Sun Mutual Insurance Company v. Wright/Opinion of the Court


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/2002

 • 811Cf'etary 01 the fnterior-Continued. authorized to convey lot in. Hot Springs, Ark.; use restricted to fire department, etc __________ _ dispose of lands in abandoned mili- tary reservations, etc;.z in Alaska_ unplatted portions of uovernment townsites in irrigation projects__ employ consulting engIneers on emproy~onsulting engineers on im- portant reclamation work _____ _ retired Army and Navy officers may be employed &8 such _____ _ enter into agreement with Middle Rio Grande Conservancy Dis- trict for irrigation, etc., of lands of Pueblo Indians in New Mexico _____________________ _ erect tablet at Medicine Lodge, Kans., to commemorate peace councd there in 1867 with Kiowa, etc., Indians, and treaties made there ______________________ _ extend leases of Choctaw and Chick- asaw coal or asphalt deposits __ _ time for payment of balanceR due on coal and I\Sphalt leases ____ _ investigate! adj'.:3t, etc..,/ claims of indivi<1ual Sioux Indians, at specified agencies, against tribal funds, and the United States __ _ issue patents for lands held by citizens under color of title for more than 20years ____________________ _ lease public lands to Yuma County, Ariz., for muniCipal aviation field; terms, etc_____________ _ permit insane American citizens in Canada to be transferred to Saint Elizabeths Hospital, D. C ., if residence unknown, ete _____ _ relinquish Government water rights to Arrowrock division of Boise project _____________________ _ sell designated accreted public lands in Mississippi and LOuisiana,oot lawfully appropriated under land laws _______________________ _ settl~ «:laiJJ;ls for ~amages by Indian ImgatlOn proJects ___________ _ survey Gila lUver, for irrigation, etc., in New Mexico and Ari- zona _______________________ _ designated. on Migrll;to~y Bird Conser- vatIOn CommlSslon __________ _ directed to investigate and report upon desirability of establishing the !rTarmstroBot (talk) 01:36, 25 September 2010 (UTC)!g!TarmstroBot (talk)_01:36, 25 September 2010 (UTC)l_TarmstroBot (talk) 01:36, 25 September 2010 (UTC) may lease public lands for public air- ports_______________________ _ conditions ____________________ _ cancel present leases, and issue leased under conditions hereof __ grant permission for beacon lights, etc., on public lands _________ _ naval petroleum reserves; jurisdiction, leases, etc., transferred to Sec- retary of the Navy from ______ _ review ~y District of Columbia Supreme Court of questions of law, of decisions of, on claims under contracts for war minerals ____ _ INDEX. ccli Pap. 959 371 1522 1406 1406 1406 312 492 737 738 484 1069 149 1495 1410 422 1252 739 1222 1443 728 729 729 729 148 1166 Secretary 01 the Interior-Continued. site for Indian fishing camp, to be transferred to, from Columbia Pap. River improvements in Oregon_ 1158 sites for prison camps to be selected by Attorney General, Secretary of Agriculture, and_ _ __ _________ 1318 transfer of returns office duties of, to Comptroller General__________ 1147 Secretary 01 the Navy, appropriation for, Assistants, and office perso 641 for, and Clvman personneL________ 1470 authorized to advance funds to per- sonnel, to meet expenses on emergency shore duty _________. 712 assign to Chief of Naval Operations, quarters constructed for sUper- intendentof Naval Observatory _ 1018 deliver bell of battleship "Connect- icut" to American Legion Naval Post 110_____________________ 1181 loan, etc., condemned or obsolete ordnance to veterans' associa- tions, etc____________________ 773 Navy fiags, etc., for ceremonies at inauguration of the President, 1929________________________ 1141 permit American Legion to erect chapel at Lakewood, N. J ., to commemorate lives lost in avia- tion_________________________ 1478 jurisdiction over naval petroleum re- serves leases, etc., transferred 148 from Secretary of the Interior to_ directed to submit annual estimates for construction of authorized light cruisers and aircraft carrier_____ 1165 plans, etc., for two Salvage vessels_ _ 1165 may deliver silver bell used on cruiser "New Orleans," to Louisiana State Museum_ __ ____________ 619 silver service used on battleship "Louisiana" to Louisiana State Museum ________ __ __ _ _______ 1073 reinstate Larry Cardwell in Naval Academy____________________ 1014 parcels of Parris Island Lighthouse Reservation, S. C ., transferred to _ 1026 Secretary 01 the Senate, appropriation for, assistant, clerks, etc______________________ 517,1387 Secretary 01 the TretJ8'Uf"Y, appropnation for, Undersecretary, As- sistants, etc _______________ 162,1028 deficiency appropriation for salaries, 1929, office of- _ __ __ _______ __ _ 1687 authorized to acquire site for, and con- struct Coast Guard Academy, at New London, Conn_________ 1189 conclude agreement with Greece for settling its indebtedness to United States_ _ ____ __ __ _____ _ 1176 contract for re~airs, etc., to custom- houses in orto Rico__ ________ 596 cooperate with designated creditor Governments to enable Austria to obtain additional funds for reconstruction program_ _______ 1149 donate Coast Guard cutter "Bear" to Oakland, Calif_____________ 1145 grant easement over Government land, to Cicero, Ill____________ 412 Leominster, Mass., over public building site___ _______ ____ ____ lO17
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Page:United States Statutes at Large Volume 45 Part 1.djvu/2003

 celli INDEX. P .... Secretary of the TreaauT7J-Continued. authorized to have ~old medal with suit- able inscriptions to be coined and ~be~h~_01:36, 25 September 2010 (UTC)_TarmstroBot (talk) 01:36, 25 September 2010 (UTC)_ 490 duplicates in bronze for sale______ 490 gold medal struck, with suitable inscriptions, and presented to Thomas A. Edison____________ 1012 paVCt _etc., International Street, on Mexican border, near Nogales, Ariz ______________________ 589,1405 pay balance due to North Carolina_ _ 959 sell part of Government-owned site at Manchester, N. H__________ 1155 awards of Mixed Claims Commission, United States and Germany, to be certified to, by Secretary of State________________________ 254 payments from_________________ 254 Tripartite Commission, United States, Austria and Hungary, to be cer- tified to, by the Commissioner_ 262 payments from_________________ 262 decislOns of, as to special German, etc., deposit funds, final____________ 267 duties of, in liquidating affairs of War FinanCe Corporation, and dis- solving the same______________ 1442 may designate customs officials to ad- minister oaths, etc____________ 401 salary l?:hTarmstroBot (talk)_~___TarmstroBot (talk) 279 sites for two institutions for confining and treating drug addict con- victs, to be selected by Attorney General, Secretary of War, and_ 1085 to submit estimates of costa thereof, building construction, etc______ 1085 control of management, etc., vested in___________________________ 1086 Narcotics Division in Public Health Service to have charge of the narcotic farms________________ 1086 to serve on Porto Rican Hurricane Re- lief Commission______________ 1068 Secretary 01 War, appropnation for, Assistants, and office personneL ________________ 326,1349 no field service appropriations for personal services in office of Assistant Secretary ___________ 1349 authorized to accept bronze tablets to be placed in Andersonville Ceme- tery, Ga_____________________ 1447 from Kentucky title to burial ground of former President ~ac!:k~:rZ~ha;i-T~il~; 494 National Cemetery____________ 494 tract of land adjacent to Indiana Harbor Ship Canal, at East Chicago, Ind_________________ 1501 acquire land, etc., for marker to com- memorate Battle of Monocacy, Md_________________________ 1444 land for erection of monument to commemorate battle of Cow- pens, S. C___________________ 1558 sites, etc'l to commemorate battle fields ot Brices Cross Roads, and Tupelo, Miss__ _______________ 1254 approve plans, etc., of memorial building to Major General Henry A. Greene, at Fort Lewis, Wash_ 1154 • Secretary 0/ War-Continued. . authorized to arrange for pilgrimages by mothers and widows of Amer- ican forces of the World War, buried in cemeteries in Europe__ cause survey, etc., to control floods of Mud Creek, Ky _____________ _ cooperate with Ohio for site and erecting a memorial museum to General Anthony Wayne, at site of Fort Defiance, Ohio _______ _ deliver five Revolutionary cannon to New York Conservation De- partment___________________ _ donate to Charleston, S. C ., can- non captured from Confederate forces _______________________ _ to Phoen~ Ariz., a bronze cannon, now at .IfOrt Jay, N. Y ________ _ erect tablet at Lititz, Pa., burial place of American soldiers wounded in Revolutionary War Battle of Brandywine_________________ _ on site of Revolutionary War Bat- tle of Kettle Creek, Ga _______ _ in memory of former Vice President William Rufus King, at Clinton, N. C _______________________ _ establish as a military park, Fort Donelson battle field, Tenn ___ _ furnish a tablet in memory of Nancy Hart of Revolutionary fame __ _ grant portion of Fort Douglas Res- ervation, to Salt Lake City, Utah_______________________ _ right of way through Chalmette National Cemetery, La., for a newlevee___________________ _ mi8~lileTarmstroBot (talk)tTarmstroBot (talk) _ _TarmstroBot (talk) 01:36, 25 September 2010 (UTC)r~!~ tracts of land to Wisconsin for , State park purposes__________ _ description; Government uses re- tained ______________________ _ Vicksburg Military Park________ _ investigate feasibility of extending facilities of Inland Waterways corporation to inland water route from Boston, Mass., to Beaufort, N. C ______________ _ lease New Orleans Quartermastcr In- termediate Depot Unit No.1, to New Orleans Association of Commerce __________________ _ loan cots, etc., for American Le- ¥~:_01:36, 25 September 2010 (UTC)iTarmstroBot (talk)_~t_01:36, 25 September 2010 (UTC)TarmstroBot (talk)i for American Legion Convention, at Louisville, Ky _____________ _ Army flags, etc., for ceremonies of inauguration of the President, 1929 _______________________ _ hospital tents, furniture, etc_____ _ Army tents, etc., for encampment of United Confederate Veterans, at Charlotte, N. C ___________ _ or give condemned or obsolete ord- nance to veterans' associations, etc_________________________ _ obsolete aeronautical equipment to museums, schools, etc______ _ pave Government road from Sl\int Elmo, Tenn., to Rossville, Ga __ permit admission into Military Acad- emy, of two Chinese subjects__ _ p .... 1508 1228 1009 497 497 1442 718 718 719 387 1308 1325 997 1074 417 417 434 981 790 397 1142 1141 1141 1165 773 753 430 737

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Page:History of botany (Sachs; Garnsey).djvu/239

 INTRODUCTION.

the substance of the more perfect plants consists of layers of different constitution was a fact that could not escape the most untutored observation in primitive times; ancient languages had still words to designate the most obvious anatomical components of plants, rind, wood and pith. It was also easy to perceive that the pith consists of an apparently homogeneous succulent mass, the wood of a fibrous substance, while the rind of woody plants is composed partly of membranous layers, partly of fibrous and pith-like tissue. The obtaining of threads for spinning from the rind of the flax-plant, for instance, must have suggested some idea, if only a vague one, in the earliest ages of the way, in which the fibrous could be separated from the pulpy part of the bark by decay and mechanical treatment. Neither Aristotle nor Theophrastus failed to compare these components of vegetable substance with corresponding ones in animal bodies, and it has been already shown in the first book how Cesalpino, following his masters, took the pith for the truly living part of the plant and the seat of the vegetable soul, and applied this idea in his morphology and physiology. He remarked that the root generally has no pith, and that the part of the root which answers to the wood of the stem is often soft and fleshy; the composition of the leaves from a green and succulent substance and strands of fibres at once suggested a certain resemblance to the green rind of the stem; and it was evidently this which led him to consider that not only the leaves, but also the leaf-forms of the flower-envelopes had their origin in the rind of the


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Page:United States Statutes at Large Volume 45 Part 1.djvu/2004

 Secretary 01 War-Continued. authorized to permit admission into Mil- itarr Academy, of two Siamese subJects _____________________ _ Jose J. Jimenez, a citizen of Vene- zuru& _______________________ _ procure and issue designated service medals, etc., to persons, en- titled, without expense _______ _ service, etc., specified____________ _ fou):'l'agere as an individual deco- ration ______________________ _ present service, etc., not required_ replacement of lost medals, etc., at cost________________________ _ free of charge if persons in military service______________________ _ expense authorized from Army appropriations_______________ _ purchase lands for addition to Camp Clark, Mo __________________ _ secure assistance of Government mapping agencies in preparing military maps _______________ _ select site, and accept fla~staff at Fort Sumter, S. C. In com- memoration of its defense by General Robert Anderson _____ _ sell Columbia Arsenal, TenIb prop- erty to Columbia Military Academy____________________ _ survey tracts of land no longer needed, on request of adverse owners, etc__________________ _ transfer lands, part of Columbia River Dalles-Celilo improve- ments, for use as an Indian fishing camp site_____________ _ portion of Camp Sherman, Ohi0l.to Department of Justice, for In- dustrial Reformatory _________ _ changes in sewer outlet in Allegheny River at Pittsburgh, Pa., directed by, to be made ______________ _ contracts entered into bY.', in excess of $500, to be in wnting, if not to be performed in 60 days ______ _ duties of, in connection with regulating level of Lake of the Woods ____ _ may accept tract of land, and estab- lish a national cemetery, at Perryville, Ky_______________ _ may have legal proceedings institutedz to condemn lands, etc., needea for project to control floods of the MiBBiBBippi, etc ___________ _ operation of inland waterways facilities by, transferred to Inland Water- ways Corporation____________ _ to serve as chaU'1Ilan of Porto Rican Hurricane Relief Commission __ _ widening, etc., of street abutting Fort Thomas, Ky., subject to ap- proval oL ___________________ _ with Attorney General and Secretary of the Treasury, to select sites for two institutions for confining and treating drug addicts_________ _ Secretary to the President 01 the United States, appropriation for compensation______ _ for, and two additional secretaries __ Sedalia, Mo., appropriation for acquiring site and erecting public building_______ _ INDEX. cdiii 737 1011 500 500 500 500 500 500 500 1018 509 499 766 773 1158 759 1483 985 431 160 536 978 1068 1015 1085 573 1230 181 Seed, Pap. appropriation for testing commercial, adulterated, etc____________ 550,1201 for preventing admission of adulter- ated, etc__________________ 550, 1201 for investigating introduction of foreign plants and _ ____ ____ 552, 1202 for purchase, testing, etc., new and rare______________________ 55~ 1202 deficiency appropriation for purchase and distribution of valuable____ 1670 Seed Grain, Feed, and Fertilizer Loan, 19B9, deficiency appropriation for advances, etc'l storm or flood stricken areas in aesignated Southern States__ 1635 Seed Grain lor Drought Stricken Areaa, appropriation fgr collecting loans to farmers ('if ________________ 568, 1219 Seismological Observations, appropriation' for continuing, under Coast Survey_______________ 97,1127 Selective Dralt, Army, deficiency appropriation for ____ 49,937, 1619 Sel/ridge Field, Mich., deficiency ap'propriation for completing hospltaL_____________________ 927 for acquisition of tract for railroad right of way____ .:_____________ 927 amount authorized for designated buildings, etc., at_____________ 130 construction authorized of buildings, etc'J..at ___________________ 748. 1302 for Air \,;orps, at_______________ 750,1300 purchase of land for railroad right of way at, authorized____________ 572 Selvig, Honorable Conrad G., deficiency appropriation for contested election expenses______________ 1623 Semiarid and Dryland Regions, propagation directed of trees, seeds, e!;c., at horticultural experiment station, for free distribution within, for experimental pur- poses________________________ 323 Semiarid Lands, appropriation for investigations, etc., for development of____________ 231 for improving methods of crop pro- duction on ________________ 551,1201 deficiency appropriation for improving metheds,etc,_______________ 1633 Seminole Indians, Okla.. (see also Five Civilized Tribes), appropriation for tribal schools; allot- ment _____________________ 216,1577 for common schools ____________ 220, 1580 for per capita payments, from tribal funds _____________________ 223, 1584 for attorneysfor__'_____________ 224, 1585 Senate, appropriation for compensation of Senators __________________ 517,1387 for mileage____________________ 517,1387 for secretary to the Vice President__ 517, 1387 for Chaplain___________________ 517,1387 for Secretary; 8BBistant, Henry M. Rose, Clerks, etc ___________ 517,1387 for chief clerk; duties as reading clerk _____________________ 517,1387 for superintendent, etc., of document room _____________________ 517,1387 for clerks and messengers to com- mittees ___________________ 517,1387

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text: Bliven v. New England Screw Company

title: Bliven v. New England Screw Company


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/2005

 ccliv INDEX. Senate-Continued. l'age. appropriation for clerks and messen- gers; preparation of Senate Man- ual _______________________ 518,1388 for clerical assistance to Senators not chairmen of committees specifi- cally provided for __________ 519,1389 authority as clerks of committees_ 519, 1389 for additional clerks to Senators_ 519, 1389 for Sergeant at Arms and Doorkeeper_ 519, 1389 for two Assistants Sergeant at Arms, assistant, messengers, etc ___ 519, 1389 for police force Senate Office Build- ing_______________________ 51~ 1389 for postmaster, etc_____________ 519,1389 for foreman, etc., folding room __ 519, 1389 for contingent expenses; stationery, etc_______________________ 519, 1389 for postage stamPB _____________ 519, 1389 for motor vehicles for mails, etc_ 519,1390 for miscellaneous items_________ 520,1390 for inquiries and investigations_ _ 520, 1390 for reporting debates ___________ 520,1390 for kitchens and restaurants_____ 520,1390 deficienc;Y' appropriation for ]lay to Widow of William B. McKinley _ 2 for pay to widow of Andrieus A. Jones; mileage_ _____ ____ __ ___ 883 for pay to widow of Woodbridge N. Ferris_ _____ __ ________ ____ ___ 883 for pay to widow of Frank B. WilIis_ 883 forpaytowidowofFrankR.Gooding_ 1607 for Kathleen W. mvett___________ 2 for Linn W. Nesmith_____________ 2 for William A. Folger________ 2,883,1623 for Dorothy E. BenL_____________ 2 for expenses, collecting and for- warding ballot boxes of Penn- sylvania election, 1926________ 2 for Christopher Woodlen__________ 2 for inquiries and investigations; reappropriation_______________ 3,884 for Vernon V. Thompson__________ 883 for Florence L. Gulliver___________ 883 for Hicklin Yates_________________ 883 for renovation of Library and Docu- ment Room__________________ 883 for James Payne_________________ 884 for Richard Blount_______________ 884 for Committee on Appropriations, messenger _ _ _ _ _ _____________ _ 884 for William S. Cheatham__________ 884 for Secretary's office, laborer ____ ___ 884 for J. Mark Trice_________________ 884 for automobile for Vice PresidenL 884, 1607 for miscellaneous items____________. 884 for stationery__________________ 884,1607 for folding, etc____________________ 884 for kitchens and restaurants________ 884 for contingent expenses____________ 1616 for Ingham G. Mack______________ 1607 for Guy E. Ives___________________ 1623 five Sen~to!"8 to be. appointed on com- mISSIOn on alrports____________ 1698 Insular Reorganization _ _ __ ____ ____ 1700 minority leader of, to serve on Com- mission for Enlarging Capitol Grounds_____________________ 421 salaries of officers and employees of, to be paid December salaries, December 20, 192L___________ 1 December 20, 1928_______________ 1027 Senate-Continued. Pl\i:e. three Senators to be appointed on N ash- ville Presidents' Plaza Com- mission__ __ _ _______ __________ 1020 to serve on committee at unveiling of memorial to Wilbur and Orville Wright, at Kitty Hawk, N. C ., for first successful air- plane flight.at Kill Devil HilL _ 1020 two Senators to be selected for Migra- tory Bird Conservation Com- mission__ ___ __ _____ ___ _______ 1222 to serve on commission to recommend legislation for governing Samoan Islands_ ______________ __ __ ___ 1253 to serve on. P~laski Sesquicentennial CommlsslOn_ _ __ _____ _________ 1222 submission to Congress discontinued, of reports of property in possession of designated officers _ _ ___ __ ___ 995 sales of waste paper, etc___________ 995 Senate Manual, appropriation for preparing _______ 518, 1388 Senate, Office Building, appropriation for police force ______ 519,1389 for kitchens and restaurants_____ 520, 1390 for elevator conductors_ _____ __ _ 525, 1395 for care, etc., grounds oL _______ 526,1395 for maintenance _______________ 526,1396 for lighting, heating, etc ________ 526,1396 for subway, Capitol and_ _ ____ __ ___ 1396 for plans, etc., for completing_ _ _ _ _ _ 1396 deficiency appropriation for subway to Capitol; reappropriation_ _ ____ _ 4 for maintenance_ _ _ __ ______ __ ____ _ 1608 Senator8, appropriation for compensation ____ 517,1387 for mileage____________________ 517, 1387 for clerical assistance to, not chair- men of committees, specifically provided for ______________ 519,1389 for additional clerks to, at $1,520 a year _____________________ 519,1389 Seneca Indian School, WyandoUe, Okla., appropriation for heating plant and water supply ___ ___________ ___ 216 Seneca Indians, N. Y., appropriation for fulfilling treaties with_ 225, 1587 Sequoia National Park, Calif., appropriation for commissioner _____ 79, 1110 for administration, etc__________ 235, 1598 Sequoyah Indian Orphan Training School, Tahlequah, Okla., appropriation for support, etc _____ 218, 1579 for repairs, etc ________________ 218,1579 deficiency appropriation for water sup- ply, etc__ ___ __ _____ ____ ______ 17 Serbs, Croats and Slovenes, appropriation for minister to __ _____ 65, 1096 settlement of indebtedness of, by For- eign War Debt Commission, approved____________________ 399 amount of indebtedness computed_ ___ 399 bonds to be issued therefor_________ 399 principal payable in installments_ _ 399 amount for first five years________ 399 succeeding seven years___________ 399 subsequent yearly increases_ _ _ ___ 399 prior payments allowed_ _________ 400 payment of interest, none until June 15, 1937; rates thereafter__ 400 payments in Federal securities ac- cepted_______________________ 400

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text: Talk:Bliven v. New England Screw Company