Jessel v. Williamsburgh Insurance
New York Supreme Court
Error to the superior court of the city of New-York. Jessel sued the defendants in assumpsit, on a policy of insurance entered into by them, wherein they engaged to insure one Charles E. Sheward against loss by fire for one year, upon certain property in which the latter had an interest.
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Error to the superior court of the city of New-York. Jessel sued the defendants in assumpsit, on a policy of insurance entered into by them, wherein they engaged to insure one Charles E. Sheward against loss by fire for one year, upon certain property in which the latter had an interest. The policy bore date July 26th, 1838, and the property was destroyed by fire on the 24th of January 1839. The following clause was contained in the policy : u The interest of the insured in this policy is not assignable unless by the consent of this corporation (the defendants) manifested in writing. And in…
1Per curiam
We know of no principle upon which the assignee of a policy of insurance can be allowed to sue upon it in his own name. The general rule applicable to personal contracts is, that, if assigned, the action for a breach must be brought in the name of the assignor, except where the defendant has expressly promised the assignee to respond to him. (Compton v. Jones, 4 Cowen 13 ; 1 Chitty's Plead. 9, 10 ; Innes v. Dunlop, 8 Term Rep. 595 ; Currier v. Hodgdon, 3 NewHamp. R. 82 ; Wiggin v. Damrell,lid. 69 ; Skinner v. Somes, 14 Mass. Rep. 107 ; Mowry v. Todd, 12 id. 281 ; Crocker v. Whitney, 10 id.…
2Cases cited3 opinions
- Granger v. Howard InsuranceNew York Supreme Court · 1830
- Skinner v. SomesMassachusetts Supreme Judicial Court · 1817
- Dubois v. DoubledayNew York Supreme Court · 1832