Page:Federal Reporter, 1st Series, Volume 7.djvu/860

 848 FEDERAL REPORTER. �upon a voyage not permitted by the terms of the policy. In the printed part of the policy, the assured warranted that it would not use (among numerpus other speciaed ports and places) ports and places in Texas, except Galveston, nor for- eign ports and places in the Grulf of Mexico. By the written memorandum on the margin, the vessel was to be employed in the coasting trade on the United States Atlantic coast, and was permitted to use gulf ports not west of New Or- leans. The vessel was lost in the gulf of Mexico, west of New Orleans, not far from Morgan City, in Louisiana, while on her voyage to that place ,fro.m Maine. Morgan City is west of New Orleans. It is hardly denied that the written part of the policy contains the substance of the contract in regard to the voyages, the perils of which were insured against. �The plaintiff insists that coasting trade on the United States Atlantic coast means trade from Maine to Texas, and that the permission to use ports in the Gulf of Mexico meant a permission to use f oreign ports ; and that if the vessel was prohibited from nsing any gulf ports west of New Orleans she was not using such port at the time of her injury, and although she might have been intending to use a prohibited port, Buch intent does not avoid the policy. Snow v. Colum- bia Ins. Co. 48 N. Y. 624. It may be admitted that if the vessel was permitted to be employed in the coasting trade between Maine and Texas, the implied refusai to use ports not west of New Orleans would not affect the present case, because at the time of the loss she had not used and was not using such a port. �The defendant insists that the vessel was to be employed ordinarily on the United States Atlantic coast between Maine and Florida, with a permit to use gulf ports not west of New Orleans, and that in any event her voyages were limited to points on the Atlantic coat, and in the gulf not west of New Orleans. �The language of the policy is: "To be employed in the coasting trade on the United States Atlantic coast ; permitted to use gulf ports not west of New Orleans." If the coasting ��� �