Morrison's Administrator v. Tennessee Marine & Fire Insurance
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. 1. Tlie sale by Morrison passed away Ms interest in tbe premises insured, and therefore discharged the underwriter. 2. If Morrison’s conveyance and the deed of trust for the security of the notes to him be considered as one transaction and merely a change of his interest in the premises insured, yet it is such a change of interest as releases the underwriter.
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Appeal from St. Louis Court of Common Pleas. 1. Tlie sale by Morrison passed away Ms interest in tbe premises insured, and therefore discharged the underwriter. 2. If Morrison’s conveyance and the deed of trust for the security of the notes to him be considered as one transaction and merely a change of his interest in the premises insured, yet it is such a change of interest as releases the underwriter. For th'e contract of insurance was made with Morrison as the owner of the premises, and the change so diminished his interest in the premises and in its protection from fire, as to alter the…
1Opinion of the CourtScott, Judge
This was an action on a policy of insurance against fire, on a dwelling house. The action was begun by the assured, J. S. Morrison, and he dying, the suit was prosecuted in the name of the respondent, his administrator. It is averred in the petition, that while the said policy was in full force, and before its expiration, Morrison, in consideration of the sum of sixty-six thousand one hundred and sixty-six dollars, conveyed the ground on which the insured buildings were and the buildings thereon, with other lands, to S. M. Bowman; that no part of the consideration money was paid to Morrison,…
2Cases cited7 opinions
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Stetson v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1808
- Traders' Insurance v. RobertNew York Supreme Court · 1832
- Tyler v. Ætna Fire InsuranceNew York Supreme Court · 1834
- Higginson v. DallMassachusetts Supreme Judicial Court · 1816
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Glens Falls Insurance Co. v. MichaelIndiana Supreme Court · 1905
- Wright v. Fire InsuranceMontana Supreme Court · 1892
- Wytheville Ins. v. StultzSupreme Court of Virginia · 1891
- Prudential Insurance v. German Mutual Life Insurance Ass'nMissouri Court of Appeals · 1933
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