Baldwin v. Phœnix Insurance
Supreme Court of New Hampshire
Assumpsit, on a policy of insurance for $3,000, issued to the plaintiff on Ms bouse, “payable in case of loss to S. $. Thompson as his mortgage claim may appear.” Facts agreed. After the policy was issued, and before the loss occurred, the plaintiff and his wife conveyed the farm on which the house stood to their daughter, subject to a mortgage of $1,000 to S. S. Thompson.
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Assumpsit, on a policy of insurance for $3,000, issued to the plaintiff on Ms bouse, “payable in case of loss to S. $. Thompson as his mortgage claim may appear.” Facts agreed. After the policy was issued, and before the loss occurred, the plaintiff and his wife conveyed the farm on which the house stood to their daughter, subject to a mortgage of $1,000 to S. S. Thompson. No consideration was then stated in the deed, but before it was recorded a consideration was inserted, without the knowledge of the plaintiff at the time, but of which he afterwards had knowledge, and made no objection.…
1Opinion of the CourtClark, J.
The deed from the plaintiff to his daughter, executed after the issuing of the policy and before the loss, conveyed the premises and was an alienation of the title. The fact that no consideration was expressed in the deed when it was executed is immaterial. A consideration was subsequently insertéd with the' knowledge of the plaintiff,-without dissent or objection on his part, and he cannot avoid the deed on the ground of want of consideration. Farrington v. Barr, 36 N. H. 86. Neither is it material whether the conveyance was fraudulent and void as to creditors. Crafts v. Insurance Co., 36 N.…
2Cases cited7 opinions
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Franklin Savings Institution v. Central Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1876
- Bates v. Equitable InsuranceSupreme Court of the United States · 1870
- Fitchburg Savings Bank v. Amazon InsuranceMassachusetts Supreme Judicial Court · 1878
- Brunswick Savings Institution v. Commercial Union InsuranceSupreme Judicial Court of Maine · 1878
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3Cited by1 opinion
- National Casualty Company v. General Motors Acceptance CorporationDistrict Court of Appeal of Florida · 1964