Hadley v. N. H. Fire Insurance
Supreme Court of New Hampshire
Assumpsit, by William S. Hadley against the New Hampshire Eire Insurance Company, upon a policy of insurance. It appeared that the plaintiff procured the insurance and paid the premium. He testified that he procured the policy with 'the consent of Mr. Philbrick, the owner of the property insured, but the defendants claimed that the policy was procured without the knowledge or consent of said Philbrick.
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Assumpsit, by William S. Hadley against the New Hampshire Eire Insurance Company, upon a policy of insurance. It appeared that the plaintiff procured the insurance and paid the premium. He testified that he procured the policy with 'the consent of Mr. Philbrick, the owner of the property insured, but the defendants claimed that the policy was procured without the knowledge or consent of said Philbrick. It appeared that the house was insured for the benefit of the plaintiff in the Market Insurance Company for Íf4,000, and in the North American Insurance Company for $1,000, at the time of the…
1Opinion of the Court
The first question which arose at the trial was on the motion for a nonsuit. The first reason assigned was the fact that after the fire the foreclosure of the mortgage had been completed, and therefore the plaintiff had no longer any interest as mortgagee. It seems to me to be plain enough that the plaintiff's rights in this regard were fixed given the property was destroyed by fire. I do not see how the foreclosure of the mortgage could in any way have operated to defeat the plaintiff's right to recover the amount which remained due on the mortgage.
It is true that by our law the foreclosure…
2Cases cited4 opinions
- Pierce v. Nashua Fire Ins.Supreme Court of New Hampshire · 1870
- Clark v. Union Mutual Fire-InsuranceSupreme Court of New Hampshire · 1860
- Campbell v. Merchants & Farmers' Mutual Fire-InsuranceSupreme Court of New Hampshire · 1858
- Marshall v. Columbian Mutual Fire InsuranceSuperior Court of New Hampshire · 1853
3Cited by1 opinion
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912