Marine Insurance—Dredge in Tow of Tug—Oral Evidence That Insurance Covers Barges.—A policy of marine insurance which undertakes specifically to insure the dredge “San Francisco” in tow of the tug “Sea Rover,” from San Francisco to San Pedro, and which by its terms is silent as to any barge to accompany the dredge, may be shown by oral evidence to cover the towing of two barges attached to the dredge.

Id.—Concealment by Insured—Remedies of Insurer.—If the fact that the two barges made a part of the tow was concealed from the insurer, he may rely upon such concealment in avoidance of the policy in an action thereon by the insured. Rescission is not the exclusive remedy of one who has become entitled to avoid a contract by reason of acts or omissions of ,the other party to it which are fraudulent in their nature; he may cancel the contract by its rescission, or he may seek affirmative relief in a court of equity for any injury sustained by the wrongful act or omission of the other, or he may set up the fraud by way of defense to an action brought to enforce the apparent liability.

Id.—Matters Material to Risk—Length of Tow—'Concealment by Insured.—The fact that barges, increasing the length of the tow two or three times, are to be attached .to a dredge to be towed by a tug upon the ocean in the winter time, is a material matter increasing the risk of the voyage, and a concealment thereof by the insurer is sufficient to avoid a policy of marine insurance.

Id.—Failure to Read Policy—Right to Assume That It Conforms to Application.—One who procures marine insurance has a right ■to rely on the presumption that .the policy he receives is in accordance with the facts disclosed in his application, and his failure to read the policy will not relieve the insurer, whose duty it is to make the policy conform to the facts received from the insured.

Id.—Concealment of Facts by Broker—Effect on Liability of Insurer.-—-Where the owner of a barge engages a firm of insurance brokers to obtain insurance on it during an ocean voyage, disclosing to them the facts material to the risk, and they 'apply for policies to a firm of general agents dealing in marine insurance, giving them the information they have received from their principal relative to -the risk, but the latter agents, being unwilling to place the entire risk with their company, place part of it with an agent for another company, in accordance with a custom among local insurance agents, a policy issued by the latter company is not avoided because such latter agents did not communicate to it material facts which had been given to them.