Davis v. German American Insurance
Massachusetts Supreme Judicial Court
Contract upon two policies of insurance, dated respectively October 28 and December 1, 1876, for the term of three years, whereby the defendant, a New York corporation, insured, against loss by fire, Emma L. Putney, on her dwelling-house in Cambridge, “payable in case of loss to Davis, Taylor and Demmon [the plaintiffs] to extent of their interest.”
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Contract upon two policies of insurance, dated respectively October 28 and December 1, 1876, for the term of three years, whereby the defendant, a New York corporation, insured, against loss by fire, Emma L. Putney, on her dwelling-house in Cambridge, “payable in case of loss to Davis, Taylor and Demmon [the plaintiffs] to extent of their interest.” Trial in this court, before W. Allen, J., who reported the case for the determination of the full court, in substance as follows: The policies contained among others the following condition: “ If the property be sold or transferred, or upon the…
1Opinion of the CourtHolmes, J.
The plaintiffs rely upon an indorsement of a policy originally issued to their mortgagor, but made payable in case of loss to them to the extent of their interest. This indorsement appears to us to have been framed upon the notion that a breach of condition and entry had transferred the legal title to the mortgagees for the first time, and that therefore the case resembled a sale of the insured premises, and a transfer of the policy to the purchaser. The fact that this notion was entertained, if established, will settle the nature of the interest to which the indorsement refers, by showing…
2Cases cited4 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Phyfe v. RileyNew York Supreme Court · 1836
- Van Duyne v. ThayreNew York Supreme Court · 1835
- Bolton v. BrewsterNew York Supreme Court · 1860
3Cited by12 opinions
- Syndicate Ins. v. BohnCourt of Appeals for the Eighth Circuit · 1894
- Hanover Fire Insurance v. JohnsonIndiana Court of Appeals · 1900
- Baldwin v. German InsuranceSupreme Court of Iowa · 1898
- B. L. Assn. v. Ins. Co.West Virginia Supreme Court · 1932
- Margesson v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1896
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