Farmers' Insurance v. Archer
Ohio Supreme Court
Error to the District Court of Noble County. The plaintiff in error issued to Simon Archer a policy of insurance for five years, from July 19th, 1871, for $700; $500 of which was on his dwelling-house, and $200 on furniture and clothing, of which the insured was the owner.
Read the full summary
Error to the District Court of Noble County. The plaintiff in error issued to Simon Archer a policy of insurance for five years, from July 19th, 1871, for $700; $500 of which was on his dwelling-house, and $200 on furniture and clothing, of which the insured was the owner. The action below was to recover $500 for a total loss of the dwelling-house, by fire, on the 24th of August, 1874. Several defenses were pleaded, but one only will be stated, as it presents the legal point considered by the court. It was a condition of the policy that it should be void “if the property be sold or…
1Opinion of the CourtJohnson, J.
Did the courts below err in holding that the condition of the policy against alienation was not broken by the deed of the insured to Michael Archer of the land on which the dwelling-house insured was situate ?
We presume from the nature of the transaction that it was a family settlement. Simon Archer, the insured, had several tracts of land in Noble county.
By several deeds of general warranty he sold and conveyed all these lands, in distinct parcels, to Abraham, Patrick and Michael Archer, and at the same time sold and set over to them, in equal shares, all his personal property; in…
2Cases cited8 opinions
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Springfield Fire & Marine Insurance v. AllenNew York Court of Appeals · 1871
- Savage v. . Howard Insurance CompanyNew York Court of Appeals · 1873
- Hitchcock v. . the North Western Insurance CompanyNew York Court of Appeals · 1862
- Perry v. . Lorillard Fire Insurance Co.New York Court of Appeals · 1874
3 more not listed; retrieve them via the Exa API.