Page:Federal Reporter, 1st Series, Volume 9.djvu/794

 new haven stbam saw-mill co. v. secoeiti ins. 00. 77!) �New Havbn Steam Saw-Mill Co. v. Secueity Ixs. Co.* �Il �{Circuit Court, D. Oonnectieut. January 6, 1881 ) �1. MABINE INS0RANCB — POUCT CONSTBUBD. �In a printed policy of Insurance the assureJ warranted " not touse ports and places in Texas, except Galveston ; nor foreign ports and places in the Gulf of Mexico." On the margin was wrltten th« following: "To be employed in the coasting trade on the United States Atlantic coast;" and underneath, also in writing, the words " Permitted * * * to use gulf ports not west of New Orleans. " The vessel was lost in the Gulf of Mexico, west of New Orleans, while on a voyage from Maine to Morgan City, Louisiana, a place westof New Orleans. BM, that when the loss occurred the vessel was on a voyage not permitted by the policy. Libel dismissed. �In Admiralty. �H. Stoddard, L. H. Bristol, and C. B. Ingersoll, for libellant. �•/. W. Alling, for respondent. �Blatohfobd, C. J. This is a libel in admiralty, filed in the dis- trict court, to recover $3,000, the sum insured by a valued marine policy of insurance issued by the respondent to the libellant, insur- ing the schooner Tannhauser for one year from January 28, 1880. The policy is a printed form, filled up with writing, and containing additional written clauses. It contains the following clauses wholly in print : �"Warranted by the assured not to use ports on the continent of Europe north of Hamburg, nor the Mediterranean east of the lonian islands, durlng the period insured; nor ports on the continent of Europe north of Antwerp between flrst of November and flrst of March; nor ports in the British North American provinces, except between the flfteenth day of May and flfteenth day of Aiigust; also warranted not to use the West India islands during the months of August and September ; also warranted not to use ports and places in Texas, except Galveston ; nor foreign ports and places in the Gulf of Mex- ico; nor places on or over Ocracoke bar; nor any of the West India sait islands; nor ports or places on the west coast of America, north of Benieia; nor to use the Min river, nor Terres straits, during the period insured." "Also warranted not to load more than her registered tonnage with lead, marble, coal, slate, copper ore, sait, stone, bricks, grain, or iron, either or all, on any one passage." �On the margin of the face of the policy, written at a right angle to the printed Unes, are these words : " To be employed in the coasting trade on the United States Atlantic coast," in one line. Underneath that line, and in one line parallel with it, are these written words ; �*See 7 FED. Rep. 847, for the opinion delivered by the court below. ��� �