Lindo

On March 1,1924, H. M. Newhall & Co., of San Francisco, as agents for respondents, issued toE. Palazio & Co., of Corinto, Nicarauga, an open marine policy on goods shipped by them to various ports, including Guatemala. Palazio & Co. had authority to issue certificates of insurance under this policy. During the same month the firm of Sehlubach, Sapper & Co., of Guatemala City, ordered various shipments of cotton from E. Palazio & Co., which resulted in the shipment of 45 bales from Corinto- on the 24th of the month by the steamship Eupatoria and 95 bales on April 3, 1924, by the steamship San Juan. These shipments were covered by said policy.

The Eupatoria arrived at San Jose de Guatemala on April 4th, but, the port being too congested to discharge the 45 bales at the time, she proceeded to Champerieo, a distance of about 70 miles, returning to San Jose on April 11th, when the 45 bales were discharged, and at least 34 of them were placed in the custom house there. It is con *957 tended that the policy was discharged because of the trip to Champerieo, but, on reading the certificates of insurance and the open policy together, I am satisfied that this is not the case, and that the…