Springfield Fire & Marine Insurance v. Chandler
Springfield Fire & Marine Insurance v. Chandler
Opinion of the Court
delivered the opinion of the Court:
That the provision upon which the defendant relies to void this policy is reasonable and competent for the parties to agree upon is settled. Dumas v. Northwestern Nat. Ins. Co. 12 App. D. C. 245, 40 L.R.A. 358; Northern Assur. Co. v. Grand View Bldg. Asso. 183 U. S. 308, 46 L. ed. 213, 22 Sup. Ct. Rep. 133. The sole question therefore is whether, by said instrument of July 5, 1911, plaintiff encumbered the insured property. If he did, the company had a right to insist'that its liability under the policy was thereby terminated. Hunt v. Springfield F. & M. Ins. Co. 20 App. D. C. 48. Admittedly, when this instrument was executed, plaintiff owed Ebersolé $650, which he was then obligated to pay in thirty days. It is familiar law that a precedent debt is a good consideration for a chattel mortgage. Knowles Loom Works v. Vacher, 57 N. J. L. 490, 33 L.R.A. 305, 31 Atl. 306; Collerd v. Tully, 78 N. J. Eq. 557, 80 Atl. 491, Ann. Cas. 1912 C, 78; State v. Surles, 117 N. C. 720, 23 S. E. 324; Gaertner v. Western Elevator Co. 104 Minn. 467, 116 N. W. 945. It is equally plain that an extension of time of payment constitutes a valuable consideration for such a mortgage. Martin Bros. v. Lesan, 129 Iowa, 573, 105 N. W. 996; Fuller v. Brownell, 48 Neb. 145, 67 N. W. 6. In the present case, there was not only a precedent debt, but an extension of time of payment, for, under the new arrangement, the plaintiff was given, more time in which to pay .tire balance due. There
.Inasmuch as the defendant insisted upon the letter of its contract, it was entitled to a directed verdict. The judgment, will therefore be reversed, with costs, and the cause remanded for further proceedings. See Slocum v. New York L. Ins. Co. 228 U. S. 364, 57 L. ed. 879, 33 Sup. Ct. Rep. 523; Pedersen v. Delaware, L. & W. R. Co. 229 U. S. 146, 57 L. ed. 1125, 33 Sup. Ct. Rep. 648 Reversed and remanded.
Reference
- Full Case Name
- SPRINGFIELD FIRE & MARINE INSURANCE COMPANY v. CHANDLER
- Status
- Published
- Syllabus
- Insurance; Encumbrance Clause; Automobiles. 1. A provision in a policy of insurance on an automobile, that if the property insured “be or become encumbered by a chattel mortgage,” the policy shall be void, is valid (following Dumas v. Northwestern Nat. Ins. Co. 12 App. D. C. 245, 40 L.R.A. 358) ; and if the insured so encumbered the automobile, the insurer has the right to insist that its liability under the policy became thereby terminated. (Following Hunt v. Springfield V. & M. Ins. Co. 20 App. D. C. 48.) 2. The purchaser of a chattel by absolute sale who, to enable the seller to discount the purchase money note, subsequently executes an instrument in form a contract of conditional sale, which is recorded in the maimer prescribed for chattel mortgages, thereby encumbers the property, within the meaning of a provision in an insurance policy that a subsequent encumbrance shall invalidate it.