Legal Opinion

Blackford v. Westchester Fire Ins.

Court of Appeals for the Eighth Circuit

Decided March 19, 1900No. 1,314PublishedCited by 8 opinions

In Error to the United States Court of Appeals in the Indian Territory. On the 14th day of February, 1893, the Westchester Fire Insurance Company, the defendant in error, issued to Mrs. M. G. Dane a' policy insuring her storehouse and office fixtures from loss by fire in the sum of $133, and her stock of goods in the storehouse in the sum of $600. On the 15th day of April, 1893, the property insured was destroyed by fire.

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In Error to the United States Court of Appeals in the Indian Territory. On the 14th day of February, 1893, the Westchester Fire Insurance Company, the defendant in error, issued to Mrs. M. G. Dane a' policy insuring her storehouse and office fixtures from loss by fire in the sum of $133, and her stock of goods in the storehouse in the sum of $600. On the 15th day of April, 1893, the property insured was destroyed by fire. On the 24th day of April, 1893, Mrs. Dane executed the following assignment of the policy to G. L. Blackford, the plaintiff in error: “For value received I hereby transfer,…

1Opinion of the CourtCaldwell, Circuit Judge

In the view we take of this case it is unnecessary "to determine . whether the assignment of the policy was in fact an assignment for the benefit of creditors, and subject to the provisions of the statute governing such assignments. Granting it was such an assignment, it would not be absolutely void, but only voidable as against the creditors of the assignor. If they see proper to waive the defects, and are willing to accept the benefits thereof, no one else can complain. This question was before this court in Railway Co. v. Fuller, 36 U. S. *91App. 456, 72 Fed. 467, 18 C. C. A. 641, which also…

2Cases cited11 opinions

  1. Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
  2. Collumb v. . ReadNew York Court of Appeals · 1862
  3. Norton v. KearneyWisconsin Supreme Court · 1860
  4. Riggs v. MurrayNew York Court of Chancery · 1817
  5. Hunt v. WeinerSupreme Court of Arkansas · 1882

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3Cited by8 opinions

  1. Livonia Property Holdings, L.L.C. v. 12840-12976 Farmington Road Holdings, L.L.C.District Court, E.D. Michigan · 2010
  2. Oum v. Wells Fargo, N.A.District Court, D. Massachusetts · 2012
  3. White River, Lonoke & Western Railway Co. v. Star Ranch & Land Co.Supreme Court of Arkansas · 1905
  4. Gamel v. HyndsSupreme Court of Oklahoma · 1912
  5. In re BaberUnited States Bankruptcy Court, E.D. Arkansas · 2014

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