224 OF RISK GENERALLY. 



is to cover loss to liorses seems necessary. It has been held 

 that a general insurance on " cargo " will not cover provender 

 taken on board for live stock constituting the greater part of 

 the cargo, nor will it cover the live stock itself, (a) Thus 

 where a policy on goods was intended to cover live stock, the 

 insurance was declared, at the foot of the policy, "to be on 

 thirty mules, ten asses, and thirty oxen; (6) and in another 

 case, where a policy was effected "on goods as per annexed 

 statement valued at £2800," the horses, a loss on which was 

 claimed under this policy, were specially valued in the state- 

 ment, (c) 



177. Of Insurable Interest. — Whoever has an interest in 

 a horse may insure it.(d) The interest may be that of a pro- 

 prietor, creditor, the holder of a lien, a consignee, and even a 

 temporary custodier, such as a grazier or livery stable-keeper, 

 who, in such a case, can recover the full value, being regarded 

 as trustee for the owner so far as the sum insured exceeds 

 his interest in respect of his own charges ; but a mere 

 agent, without possession or lien, could not effect a fire 

 policy, (e) The interest an insurer has extends to every real 

 and actual advantage arising out of, or depending upon, the 

 thing to which it refers, and must be " such that the peril 

 would, by its proximate effect, cause damage to the 

 assured." (/) It need not be expressed in the polic}' ;(g) and 

 must be proved by evidence other than the mere words of 

 the policy, (/t) 



178. Of Risk Generally. — The risks undertaken in policies 



(a) Wolcott V. Eagle Insurance Co., 4 Pickering, 429, cited by Arnould, p. 29 ; 

 see also Brown v. Stapylcton, 1827, 4 Bing. 119. 

 (6) Latvrence v. Ahcrdein, 1821, 5 B. and Ad. 107. 



(c) Gahay v. Lloyd, 1825, 3 B. and C. 793. 



(d) See ]\Iay on Insurance, § 80. 



(e) Bunyon on Fire Insurance, p. 17. 



(/) Sear/rave v. Union, <i-e., Insurance Co., 1866, L.R. 1 C.P. 305. 



{ff) Crowley v. Cohen, 1832, 3 B. and Ad. 478. 



(h) B. Pr. 461 ; Murphy v. Bell, 1828, 4 Bing. 567. 



