Powers v. Guardian Fire & Life Insurance

The defendant insured the plaintiffs, Powers and Baldwin, against loss by fire upon certain goods owned by them as partners, including their stock in trade. Afterwards Powers sold his share to Baldwin, taking back a mortgage on the same goods. The only question reported to us is whether this transaction will prevent a recovery upon the policy. If anything can be recovered, the amount is settled by agreement.

Apart from the conditions in the policy, the plaintiffs’ case is clear. Both the contractees join in the suit; Tate v. Citizens’ Ins. Co. 13 Gray, 79; and the plaintiff Powers retained an…