As an insurance premium is paid on the assumption that the insurer is assuming a risk, the premium may be recovered if no risk attached, as where in marine insurance the plaintiff had no goods on board the ship to which the insurance could apply; 30 or where a voyage insured was not entered upon;31 or where, under any contract of insurance, the property to which the insurance related, had been destroyed prior to the contract of insurance,,31a or for any other reason, not involving fraud of the insured, the risk did not attach.32

29 See, e. g., the discussion in Virginia Iron Ac. Co. v. Graham (Va.), 98 S. E. 659.

30 Martin v. Sitwell, 1 Show. 156; Toppan' v. Atkinson, 2 Mass. 365;

Steinback v. Rhineiander, 3 Johns. Cas. 269.

31 Stevenson v. Snow, 3 Burr. 1237.

31a Hallock v. Commercial Insurance Co., 26 N. J. L. 268; Hughes v. Mercantile, etc., Insurance Co., 44 How. Pr.351.

32 Jones v. Insurance Co., 90 Tenn. 604, 18 S. W. 260, 25 Am. St. 706. See further, supra, Sec. 757.