Reports of Cases Adjudged in the Court of Appeals of the District of Columbia Volume 14

Reports of Cases Adjudged in the Court of Appeals of the District of Columbia Volume 14

By (author) 

List price: US$22.39

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ... against it in the hands of the assignor. He succeeds to and enjoys the rights of the assignor, and none other, except that the property in his hands is not liable to execution. He is but the assignor himself so far as the rights of the creditors are concerned. Burrell on Assignments, 391, and cases cited. In Chipman v. Carroll, 25 L. R. A. 305, the court held that where there is an agreement between the mortgagor and the mortgagee that the mortgagor shall keep the premises insured for the benefit of the mortgagee, and the mortgagor takes out a policy of insurance in his own name which is not assigned to the mortgagee or made payable to him in any way, the mortgagee has an equitable lien upon the proceeds of the policy, and that this agreement might be shown by parol evidence. The covenant on the part of the Ice Company to keep the premises insured for the benefit of the bondholders gave to the trustee under the deed of trust an equitable right to a D. C Argument of Counsel. lien upon the policy when taken out and upon the insurance money in case of the loss or destruction of the property insured. This right is not affected by the failure of the covenantor to have the policy made payable to the trustee, as was required by its terms, nor could it have been defeated even by an assignment of the policy for the benefit of other creditors. It is a right binding not only the grantor in the trust, but its assignee in bankruptcy, and even a purchaser for value with notice. Thomas v. Vankapff, supra; Geddings v. Seevus, 24 Md. 372; Miller v. Aldrich, 31 Md. 411; Cromwell v. Insurance Co., 44 N. Y. 46. The doctrine announced in these cases is sustained by numerous authorities, a few of which only are cited. Nichols v. Baxter, 5 R. I. 491; Ellis v....show more

Product details

  • Paperback | 214 pages
  • 189 x 246 x 11mm | 390g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236832124
  • 9781236832122