Baldwin v. Hartford Fire Ins.
Supreme Court of New Hampshire
Assumpsit, on a policy of insurance. Facts agreed. The plaintiff, owning a tract of land adjoining land owned by his wife, built a house and out-buildings partly upon his own and partly upon his wife’s land, and procured a policy of insurance in the defendant company for $1000 on the house, $300 on the barn, and $100 on the carriage-house.
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Assumpsit, on a policy of insurance. Facts agreed. The plaintiff, owning a tract of land adjoining land owned by his wife, built a house and out-buildings partly upon his own and partly upon his wife’s land, and procured a policy of insurance in the defendant company for $1000 on the house, $300 on the barn, and $100 on the carriage-house. The premises were destroyed by fire Oct. 27, 1877. In June. 1877, the plaintiff conveyed the tract of land owned by him to his daughter, and she conveyed it to her mother, the wife of the plaintiff, as stated in Baldwins. Phoenix Ins. Co., ante 164. No…
1Opinion of the CourtClark, J.
It was decided in Baldwin v. Phœnix Ins. Co., ante 164, that the conveyance of his land by the plaintiff to his daughter, and by her to her mother, was a change in the title of the property such as avoided a policy containing a provision against alienation. By reason of the change of title the plaintiff cannot recover the insurance upon the house and carriage-house.
It is suggested that the plaintiff had an insurable interest in this property at the time of the loss as occupant and tenant by the curtesy, because the daughter immediately conveyed the premises to the wife of the plaintiff. But…
2Cases cited7 opinions
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- Quarrier v. Peabody Insurance Co.West Virginia Supreme Court · 1877
- Commercial Insurance v. SpanknebleIllinois Supreme Court · 1869
- Plath v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1877
- Barnes v. Union Mut. Fire Ins.Supreme Judicial Court of Maine · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Merrimack River Savings Bank v. HigginsSupreme Court of New Hampshire · 1937
- Shelby Mutual Plate Glass & Casualty Co. v. LynchSupreme Court of New Hampshire · 1938
- Dudley v. Continental InsuranceSupreme Court of New Hampshire · 1925
- George v. Connecticut Fire Ins. Co.Supreme Court of Oklahoma · 1921