Hitchcock v. North Western Insurance
New York Court of Appeals
Action commenced in the Superior Court of Buffalo, by the respondent, as assignee of 'William H. lathrop & Co., upon a policy of insurance, issued by the defendant to William H. Lathrop & Co., on the 1st of May, 1855, by which it insured the schooner Samuel Strong, to the amount of $2,000, against the perils of navigation on the lakes, from the date of the policy until the 1st of April, 1856. The policy contained this clause, viz.: “ The interest of the assured in this…
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Action commenced in the Superior Court of Buffalo, by the respondent, as assignee of 'William H. lathrop & Co., upon a policy of insurance, issued by the defendant to William H. Lathrop & Co., on the 1st of May, 1855, by which it insured the schooner Samuel Strong, to the amount of $2,000, against the perils of navigation on the lakes, from the date of the policy until the 1st of April, 1856. The policy contained this clause, viz.: “ The interest of the assured in this policy, or in the property insured thereby, is not assignable unless by the consent of this corporation, manifested in…
1Opinion of the CourtSelden, J.
It is only by force of the special clause* prohibiting an assignment of the interest of the assured in the policy, or in the property insured, without the consent of the insurers, that a forfeiture of the policy is claimed to have occurred. In the absence of such provision, an assignment of property and policy, in marine- insurances (however it may be in regard to fire policies), is valid, and the policy remains in force for the benefit of the assignee, although there is no notice of the assignment given to the insurers. ( Wakefield v. Martin, 3 Mass., 558; Earl v. Shaw, 1 John. Cases, 313;…
2Cases cited6 opinions
- Darling v. Rogers & SagoryCourt for the Trial of Impeachments and Correction of Errors · 1839
- Wakefield v. MartinMassachusetts Supreme Judicial Court · 1799
- Jackson ex rel. Stevens v. SilvernailNew York Supreme Court · 1818
- Burdick v. McVannerNew York Supreme Court · 1846
- Tittemore v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1848
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