Wakefield v. Martin
Massachusetts Supreme Judicial Court
William C. Martin, being indebted to James Scott in the sum of 5000 dollars, and having shipped a parcel of goods on board the ship-, upon which he had effected a policy of insur- [ * 559 ] anee, in order to secure Scott, assigned *the bills of lading and the policy to him by a blank endorsement. A total loss happened. The plaintiff, a creditor of Martin, sum maned Welles, one of the underwriters, as trustee of Martin ; Welles having no knowledge of the assignment to Scott.
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William C. Martin, being indebted to James Scott in the sum of 5000 dollars, and having shipped a parcel of goods on board the ship-, upon which he had effected a policy of insur- [ * 559 ] anee, in order to secure Scott, assigned *the bills of lading and the policy to him by a blank endorsement. A total loss happened. The plaintiff, a creditor of Martin, sum maned Welles, one of the underwriters, as trustee of Martin ; Welles having no knowledge of the assignment to Scott. The question was, whether this assignment to a creditor, without notice to the underwriters, was good so far as to vest…
1Opinion of the Court
The Court,
after taking time, pronounced their opinion unant, mously, that the assignment, though without the knowledge or assent of the underwriter, vested an equitable right in the assignee; and. therefore, they discharged the trustees (1).
[Sed vide Carroll vs. Boston Marine Insurance Company, 8 Mass. R. 515.— Lazarus vs. The Commonwealth Insurance Company, 5 Pick. 76.—Brichta vs. The La Fayette Insurance Company, 2 Hall, 372.—Ed.]
2Cases cited2 opinions
- Carroll v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1812
- Brichta v. New-York Lafayette InsuranceThe Superior Court of New York City · 1829
3Cited by33 opinions
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Hitchcock v. . the North Western Insurance CompanyNew York Court of Appeals · 1862
- Thayer v. DanielsMassachusetts Supreme Judicial Court · 1873
- Bergson v. Builders Insurance Co.California Supreme Court · 1869
- Tingle Adm'r v. FisherWest Virginia Supreme Court · 1882
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