by John Marshall Harlan

“ If there had been a sale or transfer of the entire property to one who had no interest in it, nor any right to control it at the time the contract of insurance was made, there would undoubtedly have been such a change in the title as to render the policies void: and, for the purposes of the present case, it may be conceded that such would have been the result had Arndt become a partner in the firm of Drennen, starr & Everett. But the sale or transfer to which the policies refer was one that would pass an interest in the property itself. ”

“ This results, it is claimed, from that clause in the policy providing for the termination of the insurance if the property be sold or delivered or otherwise disposed of, 'so that all interest or liability on the part of the insured herein named has ceased.' We deem it unnecessary to consider this question because the case can be satisfactorily determined upon other grounds. ”

“ S.C.. 5 Sup. Ct. Rep. 341. It is an action upon two policies of fire insurance executed March 10, 1883, and covering certain goods, wares, and merchandise belonging to the firm of Drennen, Starr & Everett. ”