L. Terry v. American Insurance Co.

This case is before us on rehearing, granted in order that the court might receive additional argument and give further consideration to the question whether the case should have been submitted to the jury.

The main question is whether the purported consent of the defendant to an assignment of the policy before loss, indorsed upon the policy by defendant’s agent, is binding on defendant-. The policy covered a stock of merchandise and fixtures, and was issued to the then owner, Fett. Fett sold out to plaintiffs, and assigned the policy to them October 1, 1918. Land was defendant’s local agent.…