Page images
PDF
EPUB

LETTERS PA

TENT.

conducting all such actions, suits, and proceedings, employ such solicitor or attorney, solicitors or attorneys, as the

said C. D., his executors, administrators, or assigns, shall --and for fur- appoint: AND FURTHER, That he, the said A. B., his ther assurance.

executors, administrators, and assigns, and all and every other person or persons having or claiming, or to have or claim, any estate, right, title, or interest whatsoever, either at law or in equity, of, in, to, out of, or upon the said letters patent, or the inventions described in the said specification, or any of them, or any part thereof, shall and will from time to time, and at all times hereafter, make, do, and execute all such further and other acts, deeds, matters, and things, for the better and more effectually assigning to the said C. D., his executors, administrators, and assigns, the said letters patent hereinbefore assigned, or intended so to be, and for securing to the said C. D., his executors, administrators, and assigns, the sole and exclusive use of the said inventions, and every of them, and every part thereof, as the said C. D., his executors, administrators, or

assigns, or his or their counsel, shall deem requisite or neProvision as to cessary : AND IT IS HEREBY agreed and declared, that the costs and da

costs and charges to be incurred in all and singular actions,
suits, and proceedings, commenced, carried on, and pro-
secuted under the covenant in that behalf hereinbefore con-
tained, and the costs and charges of all such acts, deeds,
matters, or things, as shall be made, done, or executed,
under the covenant lastly hereinbefore contained, shall be
borne and paid in equal moieties or half-parts by the said
A. B., his executors or administrators, and the said C. D.,
his executors, administrators, or assigns; and all damages
and sums of money which shall be recovered or received by
means of such actions, suits, and proceedings, or any of
them, shall be shared and divided in equal moieties, or
half-parts, between the said A. B., his executors or admi-

nistrators, and the said C. D., his executors, administrators, Provision as or assigns: AND IT IS HEREBY agreed and declared, that to a renewed in case the said A. B., his executors or administrators, shall patent.

obtain any renewal or extension of the said letters patent for any term or terms whatsoever, then, and in such case,

mages,

XLI.

ASSURANCE.

ASSIGNMENT of Policies of AssURANCE (a); POLICIES OF

part of the Consideration being a CoVENANT
by the Purchaser to pay a Mortgage DEBT.

THIS INDENTURE made &c. Between A. B., of, Parties. &c. [vendor), of the one part; and C. D., of &c. [purchaser],

he or they shall and will assign and assure unto the said C. D., his executors, administrators, or assigns, the full and exclusive use and benefit of the said renewed letters patent, and the said extended term, subject nevertheless to all the same covenants, provisions, and stipulations, (mutatis mutandis), with respect to the said renewed letters patent, and the said extended term, as are contained in these presents with respect to the said letters patent hereinbefore in part recited."

(a) In respect to policies of assurance on lives, see ante, pp. 90, 91, Policies of and the cases there cited. It is extremely important, though very dif- assurance on

lives. ficult, for the purchaser or mortgagee of a policy of assurance to ascertain,

—vitiated by that no misrepresentation was made to the assurer by the parties who mi

misrepreseneffected the assurance, or the person on whose life the policy was granted; tation. for policies are always so framed as to be rendered void by any such misrepresentation having been made. (Maynard v. Rhodes, 1 C. & P. 360; S. C. 5 Dow. & Ry. 266; Everett v. Desborough, 5 Bing. 503; S. C. 5 Moo. & Pay. 190; Wainwright v. Bland, 1 Mee. & Wels. 32; Duckett v. Williams, 2 Cro. & Mee. 348 ; S. C. 4 Tyr. 240). So, a suppression of —or suppresany material fact will vitiate the policy, although the party by whom the sion. suppression was made did not consider the fact material. (Von Lindenau v. Desborough, 8 B. & C. 586; S. C. 3 Man. & Ry. 45; Morrison v. Muspratt, 4 Bing. 60; S. C. 12 J. B. Moore, 231; Huckman v. Fernie, 3 Mee. & Wels. 505; Huguenin v. Rayley, 6 Taunt. 186. See, however, Swete v. Fairlie, 6 Car. & Pay. 1). But a disorder which a person has before he assures his life, is not necessarily a “disorder tending to shorten life," because he afterwards dies of it. (Watson v. Mainwaring, 4 Taunt.

POLICIES or of the other part: WHEREAS M, N., by a policy of asASSURANCE.

- surance, bearing date the day of numbered Recital of a policy, effected

763). As to the medical man to whom reference should be made as to the health of the assured, see Morrison v. Muspratt, Everett v. Desborough, Huckman v. Fernie, ubi supra.

A bill in equity will lie at the suit of an assurance office, to have a policy delivered up to be cancelled, on the ground of fraud in effecting the assurance; and the plaintiffs will have a better equity if they bring their bill in the lifetime of the assured than if they wait till after his death. (Fenn v. Craig, 3 You. & Col. 216). In this case, too, and in the cases referred to in the note to it, p. 224, will be found considerable information as to the proper parties to such suits.

If a policy be not on the person's own life, it should be seen that the person by whom it was made had an insurable interest. (See ante, pp. 90, 91). It seems, that, although a father has not an insurable interest in the life of a child, yet that a wife has such an interest in the life of her husband. (Reed v. Royal Exchange Assurance Company, Peake's Add. Cases, 70). A creditor has an insurable interest in the life of his debtor; (Ante, p. 91; Von Lindenau v. Desborough, 8 B. & C. 586); unless the debt have been incurred at play, (Dwyer v. Edie, 2 Park on Insurance, 639): and an executor may insure in his own name the life of a debtor to a testator. (Tidswell v. Ankerstein, Peake's Cases, 151; see, too, Ex parte Houghton, 17 Ves. 253).

If the debt be paid off, the debtor on payment of the premiums is entitled to the policy. (Holland v. Smith, 6 Esp. 11; Ex parté Andrews, 2 Rose, 410; 1 Lloyd & Goold, 289). For although it was decided by Godsall v. Boldero, (ante, p. 91), that the money could not be recovered from the office if the debt were paid aliunde, yet the practice of the offices is to pay without inquiry. (1 Lloyd & Goold, 291 ; Barber v.

Morris, supra, p. 91). -in Ireland. There is no act in Ireland requiring the person effecting an insurance

on another's life to have an insurable interest in that life; and it seems that a clause in the policy, that, if the interest cease, the policy shall be void, is effective only between the office and the parties entitled to the

money, and not between the parties themselves. (Lloyd & Goold, 290). Other matters A policy of assurance will pass in a will under the words, “ debenrelating to

ture," or "debts;” (Phillips v. Eastwood, 1 Lloyd & Goold, 270, 291): assurance on lives.

and if the covenantee in a policy under seal, and also the policy, be at the time of his death inthe same diocese, the assurance moneys are bona notabilia in that diocese, although the funds of the assurance company may be in another diocese. (Gurney v. Rawlins, 2 Mee. & Wels. 87). If the payment of the money be delayed on account of the loss of the policy, the office is not compellable to pay interest. (Bushnan v. Morgan, 5 Sim. 635). Of course, on the bankruptcy of a person having a policy

ASSURANCE.

- , and effected in the name of him the said M. N., POLICIES OF assured the life of the said A. B., in the — assurance office, in the sum of £- , at or under the annual pre- en lite ol A. B., mium of £— (b): AND WHEREAS, by an indenture -of its having bearing date the day of — , and made or expressed been ass to be made between the said M. N., of the one part, and the said A. B., of the other part, for the considerations therein mentioned, the said M. N. did assign the said policy and the moneys to become payable thereunder, unto the said A. B., her executors, administrators, and assigns: AND WHEREAS the said A. B., in the month of — last, -and depo

month. It afl in sited as a secudeposited the said policy of insurance with E. F., of &c., in s

of assurance, the benefit of it passes to his assignees. (Ex parte Blagden, 19 Ves. 466; S. C. 2 Rose, 249).

(6) The form of recital of a policy, which is given in the text, is the Variation of one in most general use, because the conveyancer is very seldom supplied recital of policy. with an abstract or copy of the policy. But the more regular and formal recital of a policy is in the following shape :

“WHEREAS, by a policy of assurance bearing date the - day of — , and numbered —, under the hands [and seals*], of — of the Directors of the — Assurance (or “Insurance."] Office, (or “Company” or “Society," as the case may be], the sum of £— is assured to be paid out of the stock and fund of the said Office, [or “ Company,” or “ Society,"] to the said A. B., his executors, administrators, and assigns, within after the expiration of the first year of the term of the said assurance, in case the said C. D. shall die within such year, or if the said C. D. shall die after the expiration of such first year, then within — next, after proof of the death of the said C. D. shall be made according to the rules and practice of the said Office, [or “ Company” or “Society,"] at and under the annual premium of £- "

Some of the variations which circumstances occasion, are noticed in the brackets in the above form, but doubtless other changes will be required, as policies vary a good deal both in language and form.

* Policies are sometimes only under the hands of the directors.

ASSURANCE.

baser

POLICIES of order to secure the repayment to him the said E. F. of a

- sum of £400, and interest thereon, after the rate of £5 per -of another cent. per annum : AND WHEREAS the said A. B., by a solicy effected

non policy of insurance, bearing date the day of — , numon life of A.B.

bered , and effected in her own name with the —

Assurance Society, assured her life in the sum of £m , at -of the last or under the annual premium of £- : AND WHEREAS the policy having, said society advanced and lent to the said A. B. on the been deposited with the society 22nd day of January, 1838, the sum of £22, and on the as a security for advances.

31st day of July, 1838, the further sum of £320, and the said A. B. deposited the said last-mentioned policy of assurance with the said society, in order to secure the repayment to the said society of the said sums of £262 and

£320, with interest for the same, respectively, after the -of contract rate of £5 per cent. per annum: And whereas the said for sale.

A. B. has contracted with the said C. D. for the sale to

him of the said two several policies of assurance, and all be-of agreement nefit thereof, at or for the price or sum of £990: AND

WHEREAS, upon the treaty for the said sale, it was agreed to retain mortgage money, that the said A. B. should pay the interest on the said and indemnify

sums of £400, £262, and £320, up to the day of the comvendor.

pletion of the purchase, and that the said C. D. should, out of the said purchase-money or sum of £990, retain the sum of £982, to be applied in payment of the said sums of £400, £262, and £320, and should enter into the covenant hereinafter on his part contained, for payment of the said sums of £400, £262, and £320, and the interest henceforth to accrue due for the same, and for indemnifying the said A. B. in respect of the same sums, and the interest

thereof respectively, in manner hereinafter mentioned : of interest AND WHEREAS all interest on the said sums of £400, £262, on mortgage and £320, has been paid by the said A. B., up to the day money having been paid up of the date of these presents: NOW THIS INDENWitnesseth,

TURE WITNESSETH, that, in pursuance of the said Consideration. agreement in this behalf, and in consideration of the said

sum of £400, so due and owing to the said E. F., and of the said sums of £262 and £320, so due and owing to the said - Assurance Society, as hereinbefore is mentioned, and of the sum of £8, at or immediately before the

« PreviousContinue »