Tillou v. Kingston Mutual Insurance
New York Supreme Court
This was an action of assumpsit, brought by Tillou, Doty and Crouse, upon a policy of insurance for $2500, dated November 1,1842, upon a grist mill.
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This was an action of assumpsit, brought by Tillou, Doty and Crouse, upon a policy of insurance for $2500, dated November 1,1842, upon a grist mill. The defendants pleaded the general issue, and gave notice that they would give in evidence, and insist, in bar of the plaintiffs’ recovery, that after the execution and delivery of the policy, and before the loss occurred, viz. on the 4th of April, 1847, Crouse, one of the plaintiffs, who was one of the owners of the property insured, alienated and sold his interest in such property, to Tillou and Doty, the other owners ; contrary to the…
1Opinion of the Court
By the Court, Barculo, J.
The first question to be considered is the effect of the assignment of the policy of insurance to Ketcham to secure a mortgage of $2000.
This assignment was made with the express consent of the insurance company, endorsed on the policy. Ketcham, at that time, as assignee of the mortgage, had an insurable interest in the premises. The consent of the company must therefore be deemed in the nature of a contract with Ketcham, by which he became insured to the amount of $2000. Consequently, although Ketcham might perhaps work a forfeiture of his rights under the policy, by…
2Cases cited4 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Traders' Insurance v. RobertNew York Supreme Court · 1832
- Howard v. Albany InsuranceNew York Supreme Court · 1846
- McMasters v. Westchester County Mutual InsuranceNew York Supreme Court · 1841
3Cited by7 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Boynton v. Clinton & Essex Mutual InsuranceNew York Supreme Court · 1853
- Foster v. Equitable Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1854
- Germania Fire Insurance v. TurleyCourt of Appeals of Kentucky · 1915
- Pierce v. Nashua Fire Ins.Supreme Court of New Hampshire · 1870
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