Shepherd v. Union Mutual Fire Insurance
Supreme Court of New Hampshire
Assumpsit, to recover for a loss by fire, or for premiums and assessments paid. The parties agree that a policy of insurance was issued to said Shepherd, on the 28th day of November, 1854, and was afterwards, on the 5th day of December, 1854, assigned to the New-Hampshire Savings Bank, as collateral security for a mortgage and note from said Shepherd, of |1,200. On the 12th day of September, 1857, the property mentioned in the policy sustained a loss by fire.
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Assumpsit, to recover for a loss by fire, or for premiums and assessments paid. The parties agree that a policy of insurance was issued to said Shepherd, on the 28th day of November, 1854, and was afterwards, on the 5th day of December, 1854, assigned to the New-Hampshire Savings Bank, as collateral security for a mortgage and note from said Shepherd, of |1,200. On the 12th day of September, 1857, the property mentioned in the policy sustained a loss by fire. Notice and proof of loss was made by Shepherd to the company, and notice was also given by the Savings Bank, referring to and adopting…
1Opinion of the CourtBell, J.
In the case of Thompson v. Emery, 27 N. H. (7 Fost.) 269, the general principles of the law relative to the assignment of contracts not negotiable, and the right of action in such cases, are distinctly stated. The assignee cannot ordinarily maintain a suit in his own name. His rights must be enforced in the name of the assignor, but his equitable interest will be protected against all persons having notice of the assignment. If, however, the debtor make a promise to the assignee, after the assignment, to pay the debt to him, the assignee can maintain an action in his own name. In that case…
2Cited by1 opinion
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