Page:Federal Reporter, 1st Series, Volume 9.djvu/830

BARNES V. HARTFORD FIEE INS. CO. 815 �of property to be protected, the Insurance companies have adopted this form of policy, by which each Company, wbile insuring a gross aum upon all grain in the elevators in its schedule, yet limits its lia- bility in each elevator as certainly as though the amount allotted each were set opposite its name in the sehedule. �It appears that on March 13, 1881, while the policy was in full force, the elevator at Mapleton was destroyed by fire, and the net loss on grain belonging to plaintiffs was $12,986.18. �At the time this policy was procured the same agent insured the plaintiffs in other companies upon the property described in defend- ants policy, and concurrent therewith, to the amount of $20,000, which additional insurance was in force at the time of the loss ; and at that time the plaintiffs also had insurance against loss or damage by fire to the amount of $330,000 upon the grain contained in two elevators at Duluth, and the elevators and warehouses described in defendant's policy. �Ail the policies were written by filling out and inserting, in the oompany's ordinary policy, a printed blank slip or schedule, as above set forth, with the addition : �"Duluth steam-power elevator A; capacity, 100,000 bushels; detached." "Duluth steam-power Lake Superior elevator; capacity, 100,000 bushels; detached." �The defendant's policy and two others for $20,000, making, with defendant's risk, $40,000, excepted, as appears in schedules, the ele- vators at Duluth. �Policies in other companies to the amount of $330,000 covered the elevators in Duluth as well as those outside. �There was contained in the elevators at Duluth, at the time of the fire, plaintiffs' grain of the cash value of $168,107.28, and in the ele- vators and warehouses mentioned in defendant's policy of the cash value of $189,220.22. �The amount of defendant's liability is the only question at issue in the view taken by the court. To arrive at this it is necessary to aseertain what proportion of the $330,000 insurance upon the grain, both in and outside of Duluth, was applicable to pay the loss at the date it oceurred. The aggregate value of the grain at the time of the fire was $357,327.50; of that outside of Duluth $189,220.20; so that there would be 189,220.22-356,327.50 part of the $330,000 insurance which cpuld be a;pplied at the time to loss outside of Du- luth,— that is, $174,749. If to this is added the $40,000 taken by ��� �