Brichta v. New-York Lafayette Insurance
The Superior Court of New York City
This was an action upon a policy of insurance against fire. It appeared, that the plaintiff had effected insurance in the office of the defendants, to the amount of 800 dollars, “ on furniture and “goods contained in his counting-room, No. 3 Phoenix Build? “ings.”
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This was an action upon a policy of insurance against fire. It appeared, that the plaintiff had effected insurance in the office of the defendants, to the amount of 800 dollars, “ on furniture and “goods contained in his counting-room, No. 3 Phoenix Build? “ings.” At the trial, the plaintiff proved his loss, and the due exhibition of his preliminary proofs; but it appearing that he had, after the loss took place, made an assignment of his property for the benefit of his creditors, and among other things, of his claim upon this company. The defendants contended, that the assignment rendered…
1Per curiam
The plaintiff effected a policy of insurance against fire, with the defendants, “on goods and furniture contained in his “ counting-room.” After a loss had happened, he made an assignment of his property, for the benefit of certain creditors; and assigned, among other things, his claims on the defendants. The defendants now contend, that this assignment rendered the policy void.
The restriction in the policy, against an assignment of the interest of the assured in it, without the consent of the company, evidently applies to transfers made before the loss happens. After lhat event, the rights…
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