Breeyear v. Rockingam Farmers' Mutual Fire Insurance
Supreme Court of New Hampshire
Assumpsit, upon a fire insurance policy. The Pittsfield Savings Bank and John E. Dearborn are plaintiffs in interest. Facts agreed, and case transferred from the January term, 1902, of the superior court by Stone, J. August 2-3, 1897, Breeyear took out a policy in the defendant company insuring him in the sum of $700 against loss by fire upon his buildings.
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Assumpsit, upon a fire insurance policy. The Pittsfield Savings Bank and John E. Dearborn are plaintiffs in interest. Facts agreed, and case transferred from the January term, 1902, of the superior court by Stone, J. August 2-3, 1897, Breeyear took out a policy in the defendant company insuring him in the sum of $700 against loss by fire upon his buildings. Dearborn had a mortgage upon the property to secure the payment of $7 00, and the policy was made payable to him as mortgagee in case of loss, as his claim might appear. November 26, 1897, Dearborn sold and transferred the mortgage to…
1Opinion of the CourtChase, J.
The assignments by Dearborn to Beaudry and by Beaudry to the bank were not assignments of the policy, but of the assignor’s right as mortgagee to the insurance in case of loss as provided in the policy. The object of the provision, which prohibited an assignment of the policy. without the assent of the company, was to prevent an increase of the moral risk by the substitution of a person for the insured in whose custody and care the property would be more likely to be burned. The assignments made no such substitution. Breeyear continued to be the owner and custodian of the property until he…
2Cases cited1 opinion
- Whiting v. BurkhardtMassachusetts Supreme Judicial Court · 1901
3Cited by7 opinions
- Kintzel v. Wheatland Mutual Insurance Ass'nSupreme Court of Iowa · 1973
- Hamburg-Bremen Fire Insurance v. RuddellCourt of Appeals of Texas · 1904
- Central Union Bank of South Carolina v. New York Underwriters' Ins.Court of Appeals for the Fourth Circuit · 1931
- Reinhardt v. Security Insurance Co. of New HavenAppellate Court of Illinois · 1941
- Dudley v. Continental InsuranceSupreme Court of New Hampshire · 1925
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