Pollard v. Somerset Mutual Fire Insurance
Supreme Judicial Court of Maine
On Agreed Statement of Facts, from Nisi Prius. This was an action of assumpsit upon a policy of insurance, made by the defendant corporation to the plaintiff, Nov. 15, 1848. On Dec. 27, 1848, the plaintiff mortgaged the insured property to Oliver Eveleth and likewise assigned his policy. In March, 1850, he conveyed one undivided half part of the same premises, subject to the mortgage, to one B. F. Greeley.
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On Agreed Statement of Facts, from Nisi Prius. This was an action of assumpsit upon a policy of insurance, made by the defendant corporation to the plaintiff, Nov. 15, 1848. On Dec. 27, 1848, the plaintiff mortgaged the insured property to Oliver Eveleth and likewise assigned his policy. In March, 1850, he conveyed one undivided half part of the same premises, subject to the mortgage, to one B. F. Greeley. Of these two conveyances, and of the assignment of the plaintiff’s policy, the defendants had due notice, and assented thereto. In February, 1852, one Charles P. Watson and one David Smith,…
1Opinion of the CourtAppleton, J.
The plaintiff, having on the 15th Nov. 1848, effected insurance on a tavern in Greenville, and the furniture therein, on Dec. 27th, following, mortgaged the same to Oliver Eveleth, and at the same time assigned the policy of insurance thereon to him, of all which, the case finds the defendants had due notice and to which they assented.
*225The Act of incorporation, under which the defendants claim to exercise corporate rights, provides, in § 9, “ that when the property insured shall be alienated by sale or otherwise, the policy shall thereupon be void, and be surrendered to the directors of said…
2Cases cited4 opinions
- Traders' Insurance v. RobertNew York Supreme Court · 1832
- Conover v. Mutual InsuranceNew York Supreme Court · 1846
- Allen v. Hudson River Mutual InsuranceNew York Supreme Court · 1854
- Sharp v. CropseyNew York Supreme Court · 1851
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