lOlO.  In  A.  D.  1836,  we  find  in  common  use  among  the
)anies  of  the  same  city  the  following  stipulation,  viz. : —

And  in  all  cases  of  insurance  this  company  shall  be  liable  for  such
e  proportion  of  the  loss  and  dama^  happening  to  the  subject  insured,
I  amount  insured  by  this  company  shall  bear  to  tbe  whole  amount  in-
thereon,  without  referenca  to  the  dates  of  the  dilSerent  policies."

?hus  combining  the  two  preceding  forms  into  ohe,  and
gthening  the  inference  drawn  from  their  use  singly,  as  to
rue  intent  and  meaning  of  the  clause.
toll.  About  A.  D.  1860,  the  following  form  was  substi-
[  by  some  of  the  companies,  viz. : —

If,  at  the  happening  of  any  fire,  the  assured  shall  have  insurance  un-
flofiting  policy  or  policies,  not  specific,  but  covering  gooJs  generally,
rious  places  not  designated,  and  yet  within  limits  which  include  the
ses  or  property  herein  insured,  such  policy,  as  between  the  assured
bis  company,  shall  be  considered  as  covering  any  excess  of  sound
of  the  subject  insured,  beyond  the  amount  covered  by  the  specific  in-
ces  thereon  ;  and  to  determine  the  amount  for  which  this  company  is
in  case  of  loss,  such  floating  policy  shall  bo  considered  an  insurance
»  property  to  the  extent  of  such  excess/'

These  two  forms  are  quoted  by  Mr.  Finn,  A.  D.  1843,  as  then  in  use ;
3  treats  them  as  separate  propositions.    (d319.)


632  AMERICAN  COBTRIBiniON  CLAUSE.
