Scanlon v. Union Fire Ins.
U.S. Circuit Court for the Northern District of Illnois
Action upon an insurance policy for $2,500, dated September 17, 1867. At tbe time of the issuing of the policy, the plaintiff [John Scanlon] was admitted to be the owner of the property insured, but on the 11th of January, 1868, and previous to the fire, he formed a co-partnership with two other parties, and the property insured was put in as partnership assets.
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Action upon an insurance policy for $2,500, dated September 17, 1867. At tbe time of the issuing of the policy, the plaintiff [John Scanlon] was admitted to be the owner of the property insured, but on the 11th of January, 1868, and previous to the fire, he formed a co-partnership with two other parties, and the property insured was put in as partnership assets. The company claimed that this vitiated the whole policy under the clause providing that, “if the said property shall be sold or conveyed, or if this policy shall be assigned without the consent of the company obtained in writing…
1Opinion of the CourtDrummond, District Judge
(charging jury). The question is whether there was, within the meaning of this clause in the policy, a sale or conveyance of the property, in such a way as to render it void. It is to be observed that the language of this condition is general, “That if the said property shall be sold or conveyed," &c. It is not, that if the property, or any part of it, or any undivided interest in it, shall be sold or conveyed, the policy shall be void; it is not that 'if there is any change in tbe condition of the property, or in the interest of the plaintiff, the policy shall be void; but simply “if the…
2Cases cited2 opinions
- Manley v. President & Directors of the Insurance Co. of North AmericaNew York Supreme Court · 1869
- Bates v. Commercial Insurance CompaniesOhio Superior Court, Cincinnati · 1872
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- Blackwell v. InsuranceOhio Supreme Court · 1891