Insurable Interest

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It was formerly held that the interest in property insured must exist when the in surance was effected, and also at the time of the loss ; Howard v. Ins. Co., 3 Den. (N. Y.) 301; Chrisman v. Ins. Co., 16 Or. 283, 18 Pac. 466: Folsom v. Ins. Co., 38 Me. 414; Biddle, Ins. 157. This is not now the rule ; Arnould, Ins. 59 ;* and in a case in which the insurance was upon a cargo, "on ac count of whom it may concern," the author just cited is approvingly quoted by Mr. Jus tice Swayne to the effect that, "it is now clearly established that an insurable interest, subsisting during the risk and at the time of loss, is sufficient, and the need not also allege or prove that he was interested at the time of effecting the policy," and he adds, "This is consistent with reason and justice, and is supported by analogies of the law in other cases." Hooper v. Robinson, 98 U. S. 528, 25 L. Ed. 219 ; Sun Ins. Office of London v. Merz, 64 N. J. L. 301, 45 Atl. 785, 52 L. R. A. 330.

It has been held that there is an insurable interest in an attaching creditor; 86 Me. 518 ; a purchaser in possession under a contract of sale; Dupuy v. Ins. Co., 63 Fed. 680; Quinn v. Parke & Lacy Machinery Co., 5 Wash. 276, 31 Pac. 866 ; Carpenter v. Ins. Co., 135 N. Y. 298, 31 N. E. 1015; 21 Can. S.

C. R. 288 ; a person admitted as a partner, though the consideration was unpaid; Han over Fire Ins. Co. v. Shrader, 11 Tex. Civ. App. 255, 31 S. W. 1100, 32 S. W. 344 ; a hus band, in personal property in the came of his wife ; id. ; a commission merchant in goods consigned to him; Putnam v. Ins. Co., 5

Mete. (Mass.) 386; persons liable by con tract, statute, or common law for the safe keeping of property ; Savage v. Ins. Co., 36 N. Y. 655; carriers ; Chase v. Ins. Co., 12 Barb. (N. Y.) 595; railroad companies ; Monadnock R. Co. v. Ins. Co., 113 Mass. 77 ; warehousemen ; Pelzer Mfg. Co. v. Office, 36 S. C. 213, 1,5 S. E. 562 ; a pipeline company in oil in its tanks ; Western & A. Pipe Lines v. Ins. Co., 145 Pa. 347, 22 Atl. 665, 27 Am. St. Rep. 703 ; a sheriff in goods levied on ;. White v. Madison, 26 N. Y. 117 ; Warren v. Ins. Co., 31 Ia. 464, 7 Am. Rep. 160; one liable as indorser of a mortgage note ; Wil liams v. Ins. Co., 107 Mass. 377, 9 Am. Rep. 41; or a trustee liable for the safe-keeping of property; Howard Fire Ins. Co. v. Chase, 5 Wall. (U. S.) 509, 18 L. Ed. 524; or who gives bond for its delivery ; Fireman's Ins. Co. v. Powell, 13 B. Mon. (Ky.) 311; one in possession for life under a parol agreement to pay repairs, taxes, and insurance ; Berry v. Ins. Co., 132 N. Y. 49, 30 N. E. 254, 28 Am. St. Rep. 548 ; a carpenter or builder erecting or repairing a building, to be paid for on completion ; Protection Ins. Co. v. Hall, 15 B. Mon. (Ky.) 411; a vendor of land before payment in full ; Wood v. North Western Ins. Co., 46 N. Y. 421; (but not one paid in full who has not conveyed ; 2 N. S. W. L.

R. 239) ; a lessor ; Ely v. Ely, 80 III. 532 ; a tenant ; id.; or subtenant ; Georgia Home Ins. Co. v. Jones, 49 Miss. 80; (but not a tenant of glebe land after death of the lessor;

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