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ON

THE LAW OF FIRE INSURANCE

ADAPTED TO THE PRESENT STATE OF THE LAW,

ENGLISH AND AMERICAN.

WITH

COPIOUS NOTES AND ILLUSTRATIONS.

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IN TWO VOLUMES.

VOL. II.

By H. G. WOOD,

66

THE LAW OF NUISANCES," THE LAW OF MASTER
AND SERVANT," ETC., ETC.

BANKS & BROTHERS, LAW PUBLISHERS.
NEW YORK: No. 144 NASSAU STREET,
ALBANY, N. Y.: 473 AND 475 BROADWAY.

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Entered according to Act of Congress, in the year eighteen hundred and eighty-six,

BY BANKS & BROTHERS,

In the office of the Librarian of Congress, at Washington.

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SEC. 361. As has previously been stated, a policy of fire insurance is personal, and cannot be assigned so as to enable an assignee to maintain an action thereon, unless the consent of the insurer is had to such transfer or assignment,1 unless the policy on its face is

1 Loring v.

Manufacturers' Ins. Co., 8 Gray (Mass.) 28; Carroll v. Boston Marine Ins. Co., 8 Mass. 515; Simreal v. Dubuque, etc., Ins. Co., 18 Iowa, 319; Columbian Ins. Co. v. Lawrence, 2 Pet. (U. S.) 25; Etna Ins. Co. v. Tyler, 16 Wend. (N. Y.) 385. In Fogg v. Middlesex, etc., Ins. Co., 10 Cush. (Mass.) 327; 3 Ben. F. I. C. 414, SHAW, C. J., in commenting upon the questions involved in an assignment of insurance policies, pertinently said: "This action is brought by the assignees of a policy of insurance against fire, for $3,000, on a stock of goods in a store at Cambridgeport, originally made to Daniel Leland and James Luke, Jr. By the

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