Folsom v. Orient Fire Ins.
Supreme Court of New Hampshire
Assumpsit, on a policy of insurance on the plaintiff’s half interest in a dwelling-house and furniture therein and in a shed, “ loss if any payable to B., as his interest may appear.” The plaintiff had no legal title to the property insured at the time of the fire, nor when the policy was issued, though the deeds conveying the property from B. to him had been made and executed, but had not been delivered. The defendants’ agent knew the true state of the title.
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Assumpsit, on a policy of insurance on the plaintiff’s half interest in a dwelling-house and furniture therein and in a shed, “ loss if any payable to B., as his interest may appear.” The plaintiff had no legal title to the property insured at the time of the fire, nor when the policy was issued, though the deeds conveying the property from B. to him had been made and executed, but had not been delivered. The defendants’ agent knew the true state of the title. The defendants moved for a nonsuit because the plaintiff had no title and no insurable interest in the property destroyed at the time…
1Opinion of the CourtStanley, J.
The policy was, in terms, “ payable in case of loss to B., as his interest may appear.” The defendants had full knowledge of the state of the title. With that knowledge they issued the policy and received the premium therefor. At the time of the fire the whole title was in B. On these facts the action may he maintained in the plaintiff’s name for the benefit of B., and, if he shall elect to come in and prosecute this suit as plaintiff in interest, there may be judgment on the verdict. Gen. St., a. 207, ss. 8 and 9.
Stebbins v. Ins. Co., post. Whether the suit could bo maintained in the name of…
2Cited by7 opinions
- Perry v. Dwelling-House InsuranceSupreme Court of New Hampshire · 1892
- Boudreau v. EastmanSupreme Court of New Hampshire · 1879
- Hazen v. QuimbySupreme Court of New Hampshire · 1881
- Johnson v. AbbottSupreme Court of New Hampshire · 1880
- Prince v. Granite State Fire InsuranceSupreme Court of New Hampshire · 1933
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