by John Marshall Harlan

“ The clause alluded to is the one declaring that if 'any change takes place in title or possession, except in case of succession by reason of the death of the assured, whether by legal process or judicial dicial decree or voluntary transfer or conveyance, * * * then, and in every such case, this policy is void.' It is contended that there was a change in title and possession before the fire, and that such change occurred when, under the order of the court, the plaintiff qualified as the successor of Kearney in the receivership. ”

“ Persons sustaining loss or damage by fire shall forth with give notice in writing of said loss to the company, and as soon thereafter as possible render a particular account of such loss, signed and sworn to by them, stating whther any, and what, other insurance had been made on the same property, giving copies of the written portion of all policies thereon. ”

“ Holladay, and having been solicited by the defendant to take insurance in his capacity as receiver, it was understood and agreed on the 21st of April, 1884, between the company and himself as receiver, that the former would insure, as above indicated, against loss or damage by fire, for the full term of one year from April 27, 1884, noon, making the loss and the policy payable to him as receiver, and to his successors, as well as for the benefit of whom it might concern, and that it would take from him, as receiver, the sum of $300 as premium. ”

“ Due regard must always be had not only to the nature ad surroundings of the property in the custody of the receiver, but to the exigencies of the moment when he may be required to take action involving the safety of property in his charge. We do not doubt that under some circumstances a receiver would be derelict in dty if he did not cause property in his nands to be insured against fire. ”

“ It is in the possession of the court, by him as its officer. Wiswall v. Sampson, 14 How. 52, 65; Heidritter v. Oil-Cloth Co., 112 U.S. 294, 304, 5 Sup. Ct. Rep. 135; Union Nat. Bank v. Bank of Kansas City, ante, 1013, (just decided.) ”