A suit brought by F. on a policy of insurance, issued to him, payable in case of loss to B., as his interest may appear, may be maintained for the benefit of B. if he appears as plaintiff in interest, even though F. has no title to the property insured.
Judgment may be rendered on a verdict for the plaintiff, in such a suit, for the benefit of B., if after verdict he appear as plaintiff in interest.
STANLEY, J.
The policy was, in terms, "payable in case of loss to B., as his interest may appear." The defendants had full knowledge of the state of the title. With that knowledge they issued the policy and received the premium therefor. At the time of the fire the whole title was in B. On these facts the action may he maintained in the plaintiff's name for the benefit of B., and, if he shall elect to come in and prosecute this suit as plaintiff in interest, there may be judgment on the verdict. Gen. St., c. 207, ss. 8 and 9.
Stebbins v. Ins. Co., post. Whether the suit could be maintained in the name of B. (Martin v. F. F. Ins. Co., 9 Vroom 140; Bailey v. N.E. M. L. Ins. Co., 19 Am. Rep. 329 and n.) is a question we need not consider.
Case discharged.
FOSTER J., did not sit: the others concurred.