Card v. Phœnix Insurance
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. A condition in a policy avoiding it if the property be sold is not bfoken by the sale of an interest in the property; the policy covers the interest remaining in the assured. — 8cardan v. Insurance Go., 4 Biss. 511; AEtna Ins. Go. v. Tyler, 16 Wend. 385 ; Insurance Go. v. Helfenstein, 40 Pa.
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Appeal from St. Louis Circuit Court. A condition in a policy avoiding it if the property be sold is not bfoken by the sale of an interest in the property; the policy covers the interest remaining in the assured. — 8cardan v. Insurance Go., 4 Biss. 511; AEtna Ins. Go. v. Tyler, 16 Wend. 385 ; Insurance Go. v. Helfenstein, 40 Pa. St. 289 ; Ayers v. Insurance Go., 17 Iowa, 176; Mauley v. Insurance Go., 1 Lans. 20. Such a condition has no application, in case of a policy issued to a firm, to a transfer between the parties. — Hoffman v. AEtna Ins. Go., 32 N. Y. 405, and cases cited. A sale does…
1Opinion of the CourtBakewell, J.
This is a suit by the assignee of a policy of fire insurance. The policy, which is for $1,000, insures Shultis & Neill against loss or damage by fire to certain property owned by *426•them, and is dated January 18, 1875. After the insurance was effected, Shultis & Neill admitted one Kribbee as a copartner, his interest to be one-third. On November 1, 1875, Shultis sold oat to his copartners, Neill and Kribbee, his interest in the partnership and in the property insured ; and the remaining partners gave Shultis a chattel mortgage upon the property insured and other property of the firm, to secure…
2Cases cited5 opinions
- Hitchcock v. . the North Western Insurance CompanyNew York Court of Appeals · 1862
- Dix v. Mercantile InsuranceIllinois Supreme Court · 1859
- Hartford Fire Insurance v. FossIndiana Supreme Court · 1864
- Dreher & Bumb v. Ætna InsuranceSupreme Court of Missouri · 1853
- Abbott v. Hampden Mutual Fire InsuranceSupreme Judicial Court of Maine · 1849
3Cited by4 opinions
- Mechanics' & Traders' Ins. Co. v. DavisCourt of Appeals of Texas · 1914
- Trabue v. Dwelling-House InsuranceMissouri Court of Appeals · 1892
- Doerr v. National Fire InsuranceMissouri Court of Appeals · 1923
- Germania Fire Insurance v. Home InsuranceThe Superior Court of New York City · 1893