Hall v. Fire Ass'n of Philadelphia
Supreme Court of New Hampshire
Assumpsit, on a policy of insurance issued by the defendants on the property of Hall, and made payable in case of loss to Woodman, mortgagee, as her interest might appear. After the property was destroyed by fire, the defendants, by agreement with Hall, without the knowledge, consent, or authority of Woodman, referred the question of the amount of the loss to referees, who awarded a sum less than the mortgage debt due to Woodman.
Read the full summary
Assumpsit, on a policy of insurance issued by the defendants on the property of Hall, and made payable in case of loss to Woodman, mortgagee, as her interest might appear. After the property was destroyed by fire, the defendants, by agreement with Hall, without the knowledge, consent, or authority of Woodman, referred the question of the amount of the loss to referees, who awarded a sum less than the mortgage debt due to Woodman. The defendants claim that Woodman is concluded by the award.
1Opinion of the CourtCarpenter, J.
It is not material whether Woodman could or could not maintain an action in her own name against the defendants. If she brings suit in the name of Hall, her interest as the real plaintiff will be as fully protected as if she were the plaintiff of record. Scoby v. Blanchard, 3 N. H. 175, 176; Cameron v. Little, 13 N. H. 23; Webb v. Steele, 13 N. H. 230, 239 ; Duncklee v. Greenfield Steam Mill Co., 23 N. H. 245 ; Jordan v. Gillen, 44 N. H. 424 ; Folsom v. Orient Ins. Co., 59 N. H. 54.
The policy might have been avoided by Hall’s breach of its conditions, because such was the contract. Baldwin v.…
2Cases cited1 opinion
- Harrington v. Fitchburg Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1878
3Cited by11 opinions
- Conner v. Northwestern National Casualty Co.Supreme Court of Oklahoma · 1989
- First National Bank v. National Liberty InsuranceSupreme Court of Minnesota · 1923
- L. Terry v. American Insurance Co.Supreme Court of Iowa · 1925
- Orenstein v. New Jersey InsuranceSupreme Court of South Carolina · 1925
- Perry v. Dwelling-House InsuranceSupreme Court of New Hampshire · 1892
6 more not listed; retrieve them via the Exa API.