Lindo

This is an appeal from a decree in favor of the appellee in an action on an insurance contract, loss, if any, payable to the appellee’s assignor, Schlubaeh, Sapper & Co., or order.

In March, 1924, Schlubaeh, Sapper & Co., who were engaged in business in Guatemala City, Guatemala, purchased of Palazio & Co., at Corinto, Nicaragua, a quantity of cotton for the purpose of filling an order previously received by them from Ibanguen Hermanos, owners of a mill in the interior of Guatemala. The cotton was to be carried by steamer from Corinto to San Jose, the port of entry for Guatemala, and a fter passing the customs to he there delivered to Schlubaeh, Sapper & Co. to cars, for final shipment by rail to Ibanguen Hermanos. On March 25th, 45 bales of cotton thus purchased were shipped from Corinto by steamer Eupatoria, and on April 4th, 96 bales by steamer San Jose, all of which were consigned to Sehlubaeh, Sapper & Co. a,t San Jose. Prior to these shipments, the appellant had issued to Palazio & Co. an open marine policy of insurance covering loss and damage by fire to goods shipped by them from Corinto to various ports, including Guatemala, and Palazio & Co. had authority to issue…