
    Paul Gardner versus The Bedford Insurance Company.
    A cargo was insured for A, “ for himself and for others concerned.” A’s interest was fully insured in a prior policy ; and it was holden that he could not maintain an action upon the policy in Ms own name, for the benefit of the others concerned.
    This was assumpsit on a policy of insurance, made by the defendants on the 13th of November, 1811, whereby they insured for “ Paul Gardner, jun.” (the plaintiff) “ for himself and others concerned,” 12,000 dollars, on the cargo of the ship Rose, at and from Canton to Nantucket. The declaration contained several counts, in all of which it was averred that the plaintiff, with one Jedidiah Fitch, and one James Carey, were the owners of the cargo insured; and that the policy was made for the benefit of those three persons.
    Trial on the general issue, at the last November term, before Jackson, J.—It appeared that the cargo was the property of the said three persons; the plaintiff owning fourteen sixteenth parts thereof, and each of the others one sixteenth.—It also appeared that the plaintiff had been insured, by policies prior in [ * 614 ] date to this, to an amount sufficient to * cover all his interest in the said cargo ; so that he was not entitled to recover, to his own use, for any loss on this policy.
    It was contended for the plaintiff, that he was entitled to recover to the extent of the interest of Fitch and Carey, and also for the amount of a separate adventure of Carey, of which he offered evidence.
    It was objected, on the part of the defendants, that the plaintiff could not recover in this action unless for a joint interest or property in himself and the said Fitch and Carey, according to the averments in that behalf, in the declaration.
    The judge, being inclined to this latter opinion, directed a nonsuit; which was entered subject to the opinion of the whole Court upon the question.
    
      B. Whitman, for the plaintiff,
    contended, that he was well en titled to this action, as the agent of the two others concerned; and. this the rather, as he was interested at the time of the insurance. He claims in this action only what is equitably due to Fitch and Carey; and to this he is, on every principle, entitled .
    
      Webster and L. Williams, for the defendants.
    
      
       12 East, 275.—6 Mass. Rep. 81.—2 B. P. 155, note.—Ibid. 240.—13 Mass Rep. 66 —2 Mass. Rep. 280.—3 Mass. Rep. 138 —7 Mass. Rep. 515.
    
   Curia.

A nonsuit was ordered in this case, because it appeared on the trial, that the plaintiff had no insurable interest, upon which he could recover any thing to his own use. The policy was made foi the benefit of the plaintiff and others concerned. He avers a joint interest in himself and two others. It appeared that all his interest had been fully insured, by policies prior in date. It followed that he could recover nothing, in this action, on his own account.

But it was insisted that he might proceed, and recover to the use of the two others, whose interest was insured. If this were permitted, the verdict would establish his right to much the greater portion of the sum recovered; for the rights of the parties would be determined by the declaration; and those who alone are interested in this action * would be turned from the [ * 615 ] underwriters to the plaintiff, to look for their remedy ; under the uncertainty of establishing their claim, against the effect of the verdict; which would give him the right to fourteen sixteenths of the sum recovered.

Having no interest, he cannot recover jointly with the others; nor for them, in the manner stated in his declaration. He should have brought the action expressly as agent, stating their interests; or it should have been brought in their names, as upon a policy made for their benefit by their agent. The nonsuit must stand.

Costs for the defendants.  