Judge v. Connecticut Fire Insurance

The principal question presented by these exceptions is whether the policies of insurance, on the plaintiffs’ stock in trade were avoided by mortgages subsequently made by them, on which no possession had been taken by the mortgagees, and the sums secured by which were not due at the time of the loss by fire.

The defendants principally rely on those clauses in their policies which relate to change in title. That of the Connecticut Insurance Company is in the form of a condition that, “if the property be sold or transferred, or upon the passing or entry of a decree of foreclosure, or upon a…