Blackwell v. Insurance
Ohio Supreme Court
Erbob to the Superior Court of Cincinnati. The plaintiff in error brought an action in the Superior Court of Cincinnati against the defendant in error, upon a policy of insurance issued by it to him upon a stock of dry goods, notions, etc., owned by him in said city.
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Erbob to the Superior Court of Cincinnati. The plaintiff in error brought an action in the Superior Court of Cincinnati against the defendant in error, upon a policy of insurance issued by it to him upon a stock of dry goods, notions, etc., owned by him in said city. The defendant admitted issuing the policy and the loss of the goods by fire, and set up in bar of a recovery for the loss, that the policy contained a provision that it should become “ null and void ” if the property insured should be sold or transferred by the assured; and averring that, in violation of this condition, after the…
1Opinion of the Court
Bradbury J.
The record in this case raises two questions, both of which must be determined in favor of the plaintiff in error, to entitle him to relief.
1. Did the act of the assured, who before was a sole trader, in receiving a partner, constitute a sale and transfer of the insured property, within the meaning of the policy, and the policy thereby rendered void ?
*5392. If it was not such a sale as to render the policy void, may the plaintiff maintain an action on the policy in his own name to recover for the loss ?
There is some conflict among the authorities upon the first question. It is discussed…
2Cases cited9 opinions
- Western Massachusetts Insurance v. RikerMichigan Supreme Court · 1862
- Dix v. Mercantile InsuranceIllinois Supreme Court · 1859
- Cowan v. Iowa State InsuranceSupreme Court of Iowa · 1875
- Keeler v. Niagara Fire InsuranceWisconsin Supreme Court · 1863
- Wood v. Rutland & Addison Mutual Fire InsuranceSupreme Court of Vermont · 1859
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