William Burnham Woods

“ The legal title is in the insured, and the carrier is bound to respond for all the damages sustained by the breach of his contract. If only part of the loss has been paid by the insurer, the insured is entitled to the residue. How the money recovered is to be divided between the insured and the insurer is a question which interests them alone, and in which the common carrier is not concerned. The payment of a total loss by the insurer works an equitable assignment to him of the property, and all the remedies which the insured had against the carrier for the recovery of its value. ”

“ The next contention of the plaintiffs in error is that the court erred in instructing the jury 'that the paper read in evidence by the defendant as a bill of lading contains no restriction upon the liability of the defendant as a common carrier.' It is insisted that the purport of the charge is that, independent and irrespective of the parol evidence, and upon its face, the contract contains no restriction. ”

“ In view of this provision of the statute, in a suit brought by one person for the use of another, a plea of payment which does not allege a payment to the beneficial plaintiff, or a payment to the person holding the legal title, before the person holding the beneficial interest acquired his right, is clearly bad. ”