Chamberlain v. N. H. Fire Ins.
Supreme Court of New Hampshire
Assumpsit, on a policy of insurance issued by the defendants, insuring “ John M. White against loss or damage by fire, to the amount of $1000, on his house, shed, and barn in High Bridge village, New Ipswich ; in case of loss, insurance to be paid to James L. Chamberlain.” Case tried by the court.
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Assumpsit, on a policy of insurance issued by the defendants, insuring “ John M. White against loss or damage by fire, to the amount of $1000, on his house, shed, and barn in High Bridge village, New Ipswich ; in case of loss, insurance to be paid to James L. Chamberlain.” Case tried by the court. The defence was, — (1) that the action could not be maintained in the name of the plaintiff; (2) that the policy became void by reason of the following condition: “if the premises hereby insured become vacated by the removal of the owner or occupant, without immediate notice to the company and…
1Opinion of the Court
* EosteR, C. J., C. C.
By the terms of the policy the defendants insured John M. White against loss or damage on his buildings, and agreed to pay the amount of the insurance, in case of loss, to the plaintiff. The plaintiff had an insurable interest in the property as White’s mortgagee to the extent of $600. It is said that White had no interest in the insurance ; but this is evidently stated inadvertently, for if, in the circumstances of the case, the defendants are liable to pay the full amount of the insurance, — $1,000,—then it is manifest that White has an interest to the extent of the…
2Cases cited5 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- McCulloch v. MarylandSupreme Court of the United States · 1819
- Corbin v. CommonwealthCourt of Appeals of Kentucky · 1859
- Granger v. Howard InsuranceNew York Supreme Court · 1830
- Conover v. Mutual InsuranceNew York Supreme Court · 1846
3Cited by2 opinions
- Sleeper v. N. H. F. InsuranceSupreme Court of New Hampshire · 1876
- Sleeper v. N. H. F. InsuranceSupreme Court of New Hampshire · 1876