“ The only question before the court is as to the construction of the language of the reinsurance compact. The term 'reinsurance' has a well-known meaning. That kind of a contract has been in force in the commercial world for a long number of years, and it is entirely different from what is termed 'double insurance,' i. e., an insurance of the same interest. The contract is one of indemnity to the person or corporation reinsured, and it binds the reinsurer to pay to the reinsured the whole loss sustained in respect to the subject of the insurance to the extent to which he is reinsured. ”

“ No. 10,364, a clause in the reinsurance policy stated that 'loss, if any, payable at the same time and pro rata with the insured;' and it was held that such language simply gives to the company the benefit of any defense, deduction, or equity which the first insurer may have, making the liability of the reinsurer the same as the original insurer. It does not limit such liability to what the original insurer may have paid or be able to pay. ”

“ Co. 1 Sandf. 137, where the authorities upon the subject are gathered and reviewed at some length. The case itself was subsequently affirmed in the court of appeals in 2 N. Y. 235. See also Blackstone v. Alemannia F. Ins. Co. 56 N. Y. 104. The same doctrine is held in Consolidated Real Estate & F. Ins. Co. ”