Pierce v. Nashua Fire Ins.
Supreme Court of New Hampshire
It was agreed that this action be transferred to the law term, upon the following statement of facts: Mower and Pierce were owners in partnership of the buildings and machinery insured, for a long time prior to December 2,1867. The policy was issued to them, as a firm; in January, 1867. On the 2d day of December, 1867, by deed of that date, Mower conveyed his interest in the property to Pierce.
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It was agreed that this action be transferred to the law term, upon the following statement of facts: Mower and Pierce were owners in partnership of the buildings and machinery insured, for a long time prior to December 2,1867. The policy was issued to them, as a firm; in January, 1867. On the 2d day of December, 1867, by deed of that date, Mower conveyed his interest in the property to Pierce. The policy was not assigned, although the plaintiff was informed by the attorney who made the deed that the policy would be killed by the transfer of the property, and the mill would be at his risk.…
1Opinion of the CourtFoster, J.
A sale by one partner to another, of his joint interest in the property insured, is not such an alienation of the property as will avoid the policy, even under an express provision in the charter declaring that the policy shall become void • upon alienation of the property, by sale or otherwise. Angelí on Ins., § 197. Such a condition is inserted in the charter or by-laws of insurance companies for the benefit and protection of the company against the risk of having careless or improvident persons substituted in the place of the original parties with whom they contracted. And, in a case like…
2Cases cited11 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Brady v. North Western InsuranceMichigan Supreme Court · 1863
- Lightbody v. North American InsuranceNew York Supreme Court · 1840
- Boehen v. . Williamsburgh Insurance Co.New York Court of Appeals · 1866
- N. E. Fire & M. Ins. v. SchettlerIllinois Supreme Court · 1865
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3Cited by3 opinions
- Gerrish v. German InsuranceSupreme Court of New Hampshire · 1875
- Sleeper v. N. H. F. InsuranceSupreme Court of New Hampshire · 1876
- Hadley v. N. H. Fire InsuranceSupreme Court of New Hampshire · 1875