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WASHBURN & MOEN MFG. CO. v. RELIANCE INS. CO.

No. 6.

179 U.S. 1 (1900)

21 S.Ct. 1

45 L.Ed. 49

WASHBURN AND MOEN MANUFACTURING COMPANY v. RELIANCE MARINE INSURANCE COMPANY.

Supreme Court of United States.

Decided October 15, 1900.

Attorney(s) appearing for the Case

Mr. Eugene P. Carver for the Washburn and Moen Manufacturing Company. Mr. Edward E. Blodgett was on his brief.

Mr. Frederic Jessup Stimson for the Reliance Marine Insurance Company.

MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

By the memorandum, wire of all kinds was expressly "warranted by the assured free from average unless general;" and by the rider, "free of particular average but liable for absolute total loss of a part if amounting to five per cent."

The memorandum and marginal clauses were in pari materia and to be read together. They were not contradictory, and the rider merely operated to qualify the memorandum...

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