Page:Federal Reporter, 1st Series, Volume 5.djvu/438

 4-26 FEDERAL RErOETER. �T. D. Lincoln, for plaintiff. �Asa Iglehart, for defendant. �Geesham, D. J. The complaint alleges that the Citizens' Insurance Company ia a corporation organized under the laws of Indiana, located at Evansville, and doing a general marine insurance business"; that on the eighteenth day of December, 1878, the plaintiff was the owner of 2,500 bushels of sait, of the value of $2,500, then in a seaworthy barge in the Ohio river, at Middleport, Ohio, in tow of the steamer Eobin, and bound from Middleport to Memphis, Tennessee; that Hudson & Bro., citizens of Middleport, were agents of the Citizens* Insurance Company at that place in soliciting business ; that it was the praotice of the insurance company and its agents, Hudson & Brd., to give to persons who insured their property with said agents slips certifying that Hudson & Bro. were insured in the property therein described, under an open policy numbered 38, which the insurance company had previously issued to Drew & Bennett, its own managing agents at Evansville; that on the eighteenth of December, 1878, Hudson & Bro., in consideration of $45 paid to them by the plaintiff, agreed to insure him against the perils of the river in the snm of $2,-500 on his cargo of sait, the loss, if any, to be payable 60 days af ter proof ; that by the laws of Ohio no foreign insurance company was allowed to do busi- ness in that state without complying with certain enumerated conditions and obtaining from the cômmissioner of insurance a lioense; that the Citizens' Insurance Company adopted this mode of doing business, through its agents in Ohio, under the open policy numbered 38, and issuing certificates certifying that its own agents in Ohio were insured under said open policy, to avoid the provisions of the Ohio statute presoribing terms upon which foreign insurance companies might do business in that state ; that in putting the insurance in this form it was intended by the insurance company to insure Hudson- & Bro., on account of the plaintiff, in the eum of $2,500 on bis cargo of sait; that the sait had been shipped by the plaintiff to John K. Speed & Co., of Memphis, who was expected to make advances thereon and pay charges therefor, ����