Tomlinson v. Monmouth Mutual Fire Insurance
Supreme Judicial Court of Maine
Reported by Cutting, J. This was an action of Assumpsit on a policy of assurance, issued by the defendant company to the plaintiff Nov. 10th, 1856, for §300, on plaintiff’s house, and §15, on his barn, for four years.
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Reported by Cutting, J. This was an action of Assumpsit on a policy of assurance, issued by the defendant company to the plaintiff Nov. 10th, 1856, for §300, on plaintiff’s house, and §15, on his barn, for four years. The writ is dated July 12th, 1858. From the report of the case, it appears that the loss of the property insured against happened on the 20th day of January, 1858, and notice thereof was given to the company by the plaintiff on the 25th day of the same month, with a request that the loss be paid to S. E. Smith, who held a mortgage thereof. No objection was made to the…
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, J.
It is enacted by R. S., 1840, c. 125, § 1, that an absolute conveyance, “with a separate instrument of defeasance of the same date and executed at the same time, shall constitute a mortgage.”
It is further enacted, c. 91, § 21, that a deed “purporting to convey an absolute estate of any kind in lands, which is intended to be defeasible by bond or any other instrument of defeasance, shall not be defeated by means of such bond or other instrument against any other than the maker of such defeasance, his heirs or devisors, unless the instrument…
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