White

Mr. Justice Terry concurred.

The first point made by the appellant is that “ the contract is not for the transportation of persons or property,” etc.

The rule of law in the construction of remedial statutes requires great liberality, and whenever the meaning is doubtful, it must be so construed as to extend the remedy. The objection in such cases goes only to the form of the action, and does not affect the merits of the controversy; it therefore does not commend itself so as to demand a rigid interpretation. We think that the towing of a vessel out to sea by a steamer, is the transportation of property, without resorting to any other than the necessary construction arising from the generic and common meaning assigned to the word “ transport.”

2. The objection that the suit was not brought by the real party in interest is not available. The Insurance Company may haye the equitable right to the proceeds, or a part of them, but the legal right to *471 bring the action remains with the plaintiff, and this constitutes him in the view of the law, as much the real party in interest as if he were entitled to the proceeds. Besides, as in this case, where insurance is effected for only a…