A Treatise On the Law of Fire Insurance
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(Ky.) 9.
' White V. Madison, 26 N. Y.
117.
30 466 FIRE INSUBANCE.
the property hereby insured shall be levied on or taken into possession or custody under any pro- ceeding in law or equity," it has been held that if the sheriff, with the goods in view and within his power, asserts that he makes a levy upon them, which in Pennsylvania is considered equivalent to an actual seizure of the goods, yet this is not such a taking into possession as will avoid the policy. To effect that, there must be a...n actual levy, and change of possession under it. l^or does such a clause apply to a wrongful levy, as where the property insured is seized as the pro- perty of another.^ If or does such a clause apply to a case where the property is under levy at the time of making the insurance. It is altogether prospective, and refers only to a taking in exe- cution after the insurance has been effected.^ Wliether lease of premises is alienation.
14, As " alienation" means an absolute transfer of title, it would seem necessarily to follow that no mere transfer of possession by a lease could affect an existing insurance.
What to read after A Treatise On the Law of Fire Insurance?
You can find similar books in the "Read Also" column, or choose other free books by Henry Flanders to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
(Ky.) 9.
' White V. Madison, 26 N. Y.
117.
30 466 FIRE INSUBANCE.
the property hereby insured shall be levied on or taken into possession or custody under any pro- ceeding in law or equity," it has been held that if the sheriff, with the goods in view and within his power, asserts that he makes a levy upon them, which in Pennsylvania is considered equivalent to an actual seizure of the goods, yet this is not such a taking into possession as will avoid the policy. To effect that, there must be a...n actual levy, and change of possession under it. l^or does such a clause apply to a wrongful levy, as where the property insured is seized as the pro- perty of another.^ If or does such a clause apply to a case where the property is under levy at the time of making the insurance. It is altogether prospective, and refers only to a taking in exe- cution after the insurance has been effected.^ Wliether lease of premises is alienation.
14, As " alienation" means an absolute transfer of title, it would seem necessarily to follow that no mere transfer of possession by a lease could affect an existing insurance.
What to read after A Treatise On the Law of Fire Insurance?
You can find similar books in the "Read Also" column, or choose other free books by Henry Flanders to read onlineMoreLess
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