Majority
Headnote
The policy of insurance on which this action was founded, contained a warranty that the vessel insured should not use any foreign port or ports in the Gulf of Mexico, but by a memorandum afterwards indorsed on the policy, the vessel was permitted to use the port of Laguna for one voyage. She sailed on the voyage thus permitted, but on her arrival at Laguna was not permitted to enter and land cargo until she had made an entry at some neighboring port in Mexico. She then proceeded to Sisal, a port in the Gulf of Mexico, about seventy leagues distant from Laguna, and after her arrival there, was driven ashore in a storm and totally lost.This case appears to me to be a clear one. There was an express warranty against using any foreign ports or places in the Gulf of Mexico. There was then an exception or qualification of that warranty by permission to use the port of Laguna for one voyage. The exception is limited to that port.
If the parties had knowledge of the Mexican port regulations when the vessel sailed, then the voyage to Laguna, with the necessity of going to another port in the Gulf, and actually passing by Sisal on the way and returning to it, was a plain infringement of the warranty. But if all the parties were ignorant of the regulations, then the question is, whether the insurers, who guarded themselves with a warranty, and made an exception of one port, can be held liable when the vessel reached that port, and was compelled, by these regulations, to go to another ?
It cannot be imagined that the insurers intended to cover a voyage in which the vessel had to retrace her path seventy leagues to the northward, in the Gulf of Mexico, and to return again the same distance to Laguna. The-warranty rejects it, and there is nothing in the case to justify an inference of such a permission.
I am of opinion that the complaint should be dismissed.
Judgment accordingly.