Public-domain · open source
OpenJurist

78 Md. 72

Robinson v. Cator

Court of Appeals of Maryland

Decided June 21, 1893

Court of Appeals of Maryland · decided 1893-06-21

It was agreed between counsel in the Court helow that the facts in the case of the Mutual Reserve Fund Life Association vs. Robinson W. Gator, and others, were identical with facts in the case of John E. Hurst, except that the Association did not assent to the assignment of the policy as in the case of Hurst, and the case of Cator was submitted to the Court for its determination.

Good law ✅— No negative treatment on recordhow we know

Decided 1893-06-21

How this case has been cited

Cited by 4 later decisions — most recently December 1926

4 state decisions

101893190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Roberts, J.,

¶1delivered the opinion of the Court.

¶2This case is similar to the preceding case in all material respects, save that in this case the association never *73gave its assent to the assignment to Mr. Robinson of the policy issued to Faulkner for the sum of one thousand dollars. This Court held in the case of the New York Life Ins. Co. vs. Flack, 3 Md., 353, that “knowledge of the assignment could only be important to it in one view: to prevent the possibility of its being compelled to pay both the assignee and the legal representatives of the insured. In fire policies there is, generally, a condition, that any assignment will he void without the assent of the underwriters be first obtained. The reason of this obvious. A fire policy may be underwritten for one person, when it would not be for another. In all such cases, the character for integrity and caution of the party constitute important considerations. While the character of one person would be a complete guaranty that he would not fire his own house or goods, the character of his assignee might furnish no such assurance, and therefore it is that in fire policies the assent of the underwriters is indispensable to the validity of the assignment. No such reason obtains in the case of an insurance on human life.”

(Decided 21st June, 1893.)

¶3Affirming this view, and for the reasons assigned in the preceding case, we affirm the decree.

¶4Decree affirmed.

/78/md/72 · .json · Public domain