George Shiras, Jr.

Name: Wager v. Providence Insurance Company — Opinion of the Court
Author: George Shiras, Jr.

Summary

“Wager v. Providence Insurance Company — Opinion of the Court”, is a work by George Shiras, Jr.. It explores elements such as carrier, insurance and William Worden.

Quotes from Wager v. Providence Insurance Company… (George Shiras, Jr.)

George Shiras, Jr., Wager v. Providence Insurance Company…

“ It is contended that the insurance companies, having paid the loss to the owners of the cargo, are entitled to be subrogated to the rights of the assured against the carriers.
It is too well settled by the authorities to admit of question that, as between a common carrier of goods and an underwriter upon them, the liability to the owner for their loss or destruction is primarily upon the carrier, while the liability of the insurer is only secondary. The contract of the carrier may not be first in order of time, but it is first and principal in ultimate liability. ”

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Source: Wikisource

George Shiras, Jr., Wager v. Providence Insurance Company…

“ His right rests upon familiar principles of equity. It is the right of subrogation, not at all upon privity of contract, but worked out through the right of the creditor or owner. Hence it has often been ruled that an insurer who has paid a loss may use the name of the assured in an action to obtain redress from the carrier whose failure of duty caused the loss. ”

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Source: Wikisource

George Shiras, Jr., Wager v. Providence Insurance Company…

“ Coming, now, to the appeal of Wager, (No. 41, October term, 1893,) we are met by the contention that Wager, as master of the Sydney and as carrier, was entitled to the benefit of the insurance, and that hence it was error on the part of the circuit court to allow the insurance companies to recover against him by way of subrogation. It is admitted that Wager was not nominally, and in terms, insured; but the testimony of Morse and of Wager himself is relied on as showing that it was understood and intended that Wager was a beneficiary under the policy. ”

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Source: Wikisource

George Shiras, Jr., Wager v. Providence Insurance Company…

“ All damage caused by the boat or carrier or deficiency in the cargo from quantity as hereon specified to be paid for by the carrier, and deducted from the freight, and any excess in the cargo to be paid for to the carrier by the consignee. In case grain becomes heated while in transit, the carrier shall deliver his entire cargo, and pay only for any deficiency caused by heating exceeding five bushels for each one thousand bushels. ”

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Source: Wikisource

George Shiras, Jr., Wager v. Providence Insurance Company…

“ Standing thus, as the insurer does, practically in the position of a surety, stipulating that the goods shall not be lost or injured in consequence of the peril insured against, whenever he has indemnified the owner for the loss he is entitled to all the means of indemnity which the satisfied owner held against the party primarily liable. ”

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Source: Wikisource

George Shiras, Jr., Wager v. Providence Insurance Company…

“ And it is agreed between the carriers and shippers and assigns that, in consideration especially of the rate of freight hereon named, the said carriers having supervised the weighing of said cargo inboard, hereby agree that this bill of lading shall be conclusive as between shippers and assigns and carriers as to quantity of cargo received inboard and to be delivered at port of destination, and that they will deliver the full quantity hereon named. ”

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Source: Wikisource

George Shiras, Jr., Wager v. Providence Insurance Company…

“ Upon the delivery of said certificate of insurance, Worthington & Sill entered in the book kept for that purpose, 'H. Morse & Co., boat William Worden, from Buffalo to New York, $9,875, rate 15 cts., premium $14.82, wheat.' This certificate of insurance was indorsed in blank by H. Morse & Co., and delivered to Meadows, the agent of Armour, Plankinton & Co.
Thereupon Wager and H. Morse & Co. signed and delivered to Meadows an affreightment contract or bill of lading as follows: ' [Vignette.] ”

George Shiras, Jr.

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Quotes from Wager v. Providence Insurance Company… (George Shiras, Jr.)

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