Commercial Insurance v. Treasury Bank

The declaration sets out, in liceo verba, a copy of a policy of insurance payable to Boyington, Cash & Wilder, on the back of which is the following indorsement: “Loss, if any, under this policy, is hereby made payable to the Treasury Bank of Chicago, as its interest may appear. Nov. 28, 1866, J. Farmer, Sec’y.”

There is no averment in the declaration that this indorsement was made by the company, or that the assured requested it, or consented to it.

Objection was made to the introduction of the policy, when offered, and a motion in arrest of judgment was also made.

The pleader has merely…